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HomeMy WebLinkAboutC-3185(A) - AB2766/MSRC Local Government Subvention Fund Match Program Contract� FILE RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO: o6 Lessor Name and Address Lessee name and Billing Address (including Count Vehicle Garaging Address if different ' Toyota Motor Credit Corporation CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD Commercial Finance, MS -18 INC. NEWPORT BEACH, CA 92659 1411 West 190th St. Suite #700 3300 NEWPORT BLVD 1999 Gardena, CA 90248 NEWPORT BEACH, CA 92659 Lessor and Lessee desire to supplement the RAV4 Electric Vehicle Master lease Agreement ( "MLA ") entered into between Lessor to provide for the lease by Lessee of Lease Vehicles as follows: LEASE VEHICLES Subject to the terms and conditions of the MLA, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following Lease Vehicles for the amounts set forth below, plus any additional amounts due under the MLA. All prices reflected below are conditioned upon Lessor retaining any federal, state or local incentives or tax credits: Year Toyota RAV4 VIN In- Service Date Maturity Date Term Up front Fees and Taxes" One -Pay Amount Base Monthly Rent Monthly Tax Total Monthly Payment Total Amount Due at Signing 1999 JT3GS10V2X0001868 36 $1,659.99 $15,999.84 $0.00 $0.00 $0.00 $17,659.83 Please note: Vehicle with different garaging addresses must have a separate Supplement. Up Front Fees and Taxes consists of the following (per unit): Title and Registration Fee = $0.00 Freight Fee = $420.00 Use Tax = $1,239.99 Cold Kit = $0.00 Other= 50.00 Total = $1,659.99 9 0 RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO. ('o Page 2 2. SECURITY DEPOSIT The security deposit for the Lease Vehicles set forth in this Supplement shall be $0.00 per Lease Vehicle. The security deposit shall be retained by Lessor for security for payment of all amounts due under the MLA. Any unused portion of the security deposit shall be refunded to Lessee after the return of the Lease Vehicle. No interest or profits shall be paid on the security deposit. 3. ORIGINAL LEASE STATE All Lease Vehicle set forth on this Supplement will be titled or registered in the State of CALIFORNIA (the "Original Lease State "). Lessee may remove a Leased Vehicle from the Original Lease State only under the conditions set forth in the MLA. Under no circumstances will Lessor allow Lease Vehicles with an Original Lease State of New York, California or Massachusetts to be removed from the Original Lease State. 4. INTEGRATION OF MLA The items described in this Supplement shall be subject to all the terms and conditions of the MLA effective with the In- Service Date of each Lease Vehicle as specified above. For each such Lease Vehicle, Lessee shall pay the "Total Amount Due at Signing" (which includes any refundable security deposit) prior to delivery of the Lease Vehicle. For each Lease Vehicle the Lessee shall also pay the "One -Pay Amount" prior to delivery of the Lease Vehicle, or pay the "total Rent' specified above monthly for the Lease Term, in addition to any other amounts due under the MLA. 5. CONTINUING VALIDITY /ENFORCEABILITY As supplemented and amended herein, all the terms of the MLA shall remain valid and enforceable and are incorporated herein by reference. The MLA shall control any conflict or inconsistency with any provisions of this Supplement. 6. ACKNOWLEDGMENT By signing below, Lessee acknowledges its agreement to lease the Lease Vehicles set forth above, under the terms contained in the MLA and this Supplement. Lessee: 4 K)fwcr A -3PG Gt, S Lessor: Toyota Motor Credit Corporation Title: 9 E RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO: 07 Lessor Name and Address Lessee name and Billing Address (Including Count Vehicle Garaging Address if different Toyota Motor Credit Corporation CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD Commercial Finance, MS -18 INC NEWPORT BEACH, CA 92659 1411 West 190th St. Suite #700 GENERAL SERVICES 1999 Gardena, CA 90248 DIRECTOR 36 3300 NEWPORT BLVD $15,999.84 $0.00 NEWPORT BEACH, CA 92659 $0.00 Lessor and Lessee desire to supplement the RAV4 Electric Vehicle Master lease Agreement ( "MIA ") entered into between Lessor to provide for the lease by Lessee of Lease Vehicles as follows: LEASE VEHICLES Subject to the terms and conditions of the MLA, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following Lease Vehicles for the amounts set forth below, plus any additional amounts due under the MLA. All prices reflected below are conditioned upon Lessor retaining any federal, state or local incentives or tax credits: Year Toyota RAV4 VIN In- Service Date Maturity Date Term Up front Fees and Taxes" One -Pay Amount Base Monthly Rent Monthly Tax Total Monthly Payment Total Amount Due at Si nin 1999 JT3GS10V4X0001869 36 $1,659.99 $15,999.84 $0.00 $0.00 $0.00 $17,659.83 Please note: Vehicle with different garaging addresses must have a separate Supplement. Up Front Fees and Taxes consists of the following (per unit): Title and Registration Fee = $0.00 Freight Fee = $420.00 Use Tax = $1,239.99 Cold Kit = $0.00 Other = $QM Total = $1,659.99 RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO. 7 Page 2 2. SECURITY DEPOSIT The security deposit for the Lease Vehicles set forth in this Supplement shall be $0.00 per Lease Vehicle. The security deposit shall be retained by Lessor for security for payment of all amounts due under the MLA. Any unused portion of the security deposit shall be refunded to Lessee after the return of the Lease Vehicle. No interest or profits shall be paid on the security deposit. 3. ORIGINAL LEASE STATE All Lease Vehicle set forth on this Supplement will be titled or registered in the State of CALIFORNIA (the "Original Lease State "). Lessee may remove a Leased Vehicle from the Original Lease State only under the conditions set forth in the MLA. Under no circumstances will Lessor allow Lease Vehicles with an Original Lease State of New York, California or Massachusetts to be removed from the Original Lease State. 4. INTEGRATION OF MLA The items described in this Supplement shall be subject to all the terms and conditions of the MLA effective with the In- Service Date of each Lease Vehicle as specified above. For each such Lease Vehicle, Lessee shall pay the "Total Amount Due at Signing" (which includes any refundable security deposit) prior to delivery of the Lease Vehicle. For each Lease Vehicle the Lessee shall also pay the "One -Pay Amount" prior to delivery of the Lease Vehicle, or pay the 'total Rent' specified above monthly for the Lease Term, in addition to any other amounts due under the MLA. 5. CONTINUING VALIDITYIENFORCEABILITY As supplemented and amended herein, all the terms of the MLA shall remain valid and enforceable and are incorporated herein by reference. The MLA shall control any conflict or inconsistency with any provisions of this Supplement. 6. ACKNOWLEDGMENT By signing below, Lessee acknowledges its agreement to lease the Lease Vehicles set forth above, under the terms contained in the MLA and this Supplement. O� 0CvOo4 � f 7r� Lessor: Toyota Motor Credit Corporation 0 E RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO: 08 Lessor Name and Address Lessee name and Billing Address (including Count Vehicle Garaging Address if different ' Toyota Motor Credit Corporation CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD Commercial Finance, MS -18 INC. NEWPORT BEACH, CA 92659 1411 West 190th St. Suite #700 GENERAL SERVICES 1999 Gardena, CA 90248 DIRECTOR 36 3300 NEWPORT BLVD $15,999.84 $0.00 NEWPORT BEACH, CA 92659 $0.00 Lessor and Lessee desire to supplement the RAV4 Electric Vehicle Master lease Agreement ( "MLA ") entered into between Lessor to provide for the lease by Lessee of Lease Vehicles as follows: LEASE VEHICLES Subject to the terms and conditions of the MLA, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following Lease Vehicles for the amounts set forth below, plus any additional amounts due under the MLA. All prices reflected below are conditioned upon Lessor retaining any federal, state or local incentives or tax credits: Year Toyota RAV4 VIN In- Service Date Maturity Date Term Up front Fees and Taxes" One -Pay Amount Base Monthly Rent Monthly Tax Total Monthly Payment Total Amount Due at Signing 1999 JT3GS10VOX0001870 36 $1,659.99 $15,999.84 $0.00 $0.00 $0.00 $17,659.83 Please note: Vehicle with different garaging addresses must have a separate Supplement. Up Front Fees and Taxes consists of the following (per unit): Title and Registration Fee = $0.00 Freight Fee = $420.00 Use Tax = $1,239.99 Cold Kit = $0.00 Other = $0.00 Total = $1,659.99 RAV4 ELECTRIC VEHICLE FLEET LEASE AGREEMENT SUPPLEMENT NO. g Page 2 2. SECURITY DEPOSIT The security deposit for the Lease Vehicles set forth in this Supplement shall be $0.00 per Lease Vehicle. The security deposit shall be retained by Lessor for security for payment of all amounts due under the MLA. Any unused portion of the security deposit shall be refunded to Lessee after the return of the Lease Vehicle. No interest or profits shall be paid on the security deposit. 3. ORIGINAL LEASE STATE All Lease Vehicle set forth on this Supplement will be titled or registered in the State of CALIFORNIA (the "Original Lease State "). Lessee may remove a Leased Vehicle from the Original Lease State only under the conditions set forth in the MLA. Under no circumstances will Lessor allow Lease Vehicles with an Original Lease State of New York, California or Massachusetts to be removed from the Original Lease State. 4. INTEGRATION OF MLA The items described in this Supplement shall be subject to all the terms and conditions of the MLA effective with the In- Service Date of each Lease Vehicle as specified above. For each such Lease Vehicle, Lessee shall pay the "Total Amount Due at Signing" (which includes any refundable security deposit) prior to delivery of the Lease Vehicle. For each Lease Vehice the Lessee shall also pay the "One -Pay Amount" prior to delivery of the Lease Vehicle, or pay the "total Rent" specified above monthly for the Lease Term, in addition to any other amounts due under the MLA. 5. CONTINUING VALIDITY /ENFORCEABILITY As supplemented and amended herein, all the terms of the MLA shall remain valid and enforceable and are incorporated herein by reference. The MLA shall control any conflict or inconsistency with any provisions of this Supplement. 6. ACKNOWLEDGMENT By signing below, Lessee acknowledges its agreement to lease the Lease Vehicles set forth above, under the terms contained in the MLA and this Supplement. Lessor: Tovota Motor Credit By: Title: Date: • E • TO: Mayor & City Council FROM: General Services Director SUBJECT: Additional Electric Vehicles Recommendations • LVI City Council Agenda /�S Iqo) Item No. 22 May 24, 1999. APPROVED Approve the leasing of two 1999 Honda RAV -4 electric vehicles for a three year period at a total cost of $35,320. Approve the purchase and installation of two electric vehicle charger stations for a total cost of $9,000. Approve the attached budget amendment for the electrical vehicles and charging stations utilizing AB2766 non - discretionary funding only. Background The City has implemented the largest electric vehicle fleet of any municipality in the State during the past year. Our electric fleet is comprised of 17 vehicles; 12 Honda EV Plus sedans, and five Toyota RAV -4 station wagons. The electric vehicles were leased for a three -year period using AQMD non - discretionary and matching grant funds. The City recently received a check for $72,135 from AQMD representing the matching grant funding associated with the current program. The City receives approximately $80,000 per year in revenue from an alternative fuels surcharge included in the registration fees of all vehicles registered in the City as a result of AB2766 legislation. AB2766 funding is then distributed to cities by AQMD and may only be spent on alternative fuel or clean air programs. Discussion Electrical vehicles have sufficient power to be useful and efficient equipment. The City electrical vehicle fleet is used for a wide variety of tasks and is expected to generate approximately $15,000 in annual fuel savings over the cost of gasoline. • • Two additional electric vehicle applications have been identified for City use; transportation for a vehicle code enforcement officer and the Police Volunteer Program. The former application results fi•om the transformation of a part-time code enforcement officer position to that of a full -time position in the Planning Department. An additional vehicle is currently needed. The latter position has evolved from a new citizen's volunteer program developed in the Police Department. In April of this year, the Police Department started a formal Volunteer Program to utilize the time and talent of members of the Community to add to the quality of life in the City of Newport Beach. The Police Department goal is to develop a corps of volunteers who will add a visible presence within the community, performing services that are important to the Police Department's overall goal of enhancing public safety. These services will include foot patrols in business districts, home security checks, vacation checks, dissemination of Crime Alert and Crime Warning Bulletins, graffiti patrol, sign and sticker removal, and traffic control at local events. Since the Volunteer Program is not a budgeted item, and in keeping with a goal of not significantly impacting the City's General Fund as a consequence of implementing it, donations have been solicited to assist in getting the program started. The single largest expense for the program, is the acquisition of a vehicle which the volunteers would be able to utilize to perform the above mentioned services. Donations have come primarily from participants in the Citizen's Academy. As generous as those donations have been, the acquisition of a vehicle is still well beyond reach at this time. With AB 2766 funds available to the City for acquiring and maintaining alternative fuel vehicles, leasing an electric vehicle for the Volunteers to use to carryout their new duties, offers an excellent opportunity to solve the dilemma. The use of an electric vehicle (which will be distinctively marked as a City of Newport Beach Police Volunteer vehicle), will not only provide an immediate benefit to the Community, but will send a visible message that the Police Department is part of the City's overall effort to contribute toward improving the environment, in spite of the fact that many of the public safety uses are not conducive to electrical vehicle use. Toyota has offered to reserve two of the 1999 RAV -4 models provided the City authorizes the leasing of the vehicles as soon as practical. Only 300 units will be built for the 1999 — 2000 period. 0 0 The electric vehicles would be leased for a period of three years with the lease cost including all maintenance costs and roadside assistance. The cost is $450 per month per vehicle which would be paid in a three -year lump sum amount to avoid interest charges. Each electric vehicle requires a separate charging station. The charging stations would be installed by a private contractor at the Police Department and City Hall (Planning Department) areas at a total cost of $9,000. Sufficient funding for the leasing of the two vehicles and the purchase and installation of the charging systems is available from AB2766 funding. No General Fund dollars would be used in this transaction. Summary The City has an excellent opportunity to lease two additional electric vehicles that would provide transportation for two new functional areas at no cost to the City. A proposed budget amendment is attached for your review. Very respectfully, / David E. Niederhaus DEN /mhl Attachment: Budget Amendment 0 0 Col Y 11YI]_S : R�I�J REQUESTS FOR FUNDS TO: Administrative Services Director FROM: General Services Director SUBJECT: Request for Funds Request for additional funds, _ $44,320 Funds are available in the current budget. 0 Date May 24, 1999 Additional appropriation to the account numbers noted below is requested: Air Quality Management District (Division 2766) 2766 -8270 Electric Vehicles Program $44,320 Funds are required for the three -year lease of two (2) 1999 Toyota RAW Electric Vehicle station wagons and the installation of two (2) electric vehicle charging stations. General Services Director Approved: City Manager Administrative Services Director is 0 0 Ci$# of Newport Beach • NO. BA- 070 BUDGET AMENDMENT 1998 -99 AMOUNT: Eaa,s2o.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate AQMD matching grant funds to lease two electric vehicles and purchase two charger stations. There have been no Drior council budget amendments to this account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description AQMD Fund 290 3605 Unappropriated Fund Balance REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: F' -ed: 0 Description Division 2766 AQMD Division Account 8270 Electric Vehicle Program Division Account Division Account Division Account Division Account City Council Approval: City Clerk Amount Debit Credit $44,320.00 $44,320.00 -5`17-5,9 Date r/ r r Date CJ* of Newport Beach BUDGET AMENDMENT 1998 -99 ECT ON BUDGETARY FUND BALANCE: NO. BA- 070 AMOUNT: Saa,szo.00 Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance MAY 2 Q EXPLANATION: This budget amendment is requested to provide for the following: i To appropriate AQMD matching grant funds to lease two electric vehicles and purchase two charger APPROVED- stations. There have been no prior council budget amendments to this account. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description AQMD Fund 290 3605 Unappropriated Fund Balance REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division 2766 AQMD Division Account 8270 Electric Vehicle Program Division Account Division Account Division Account Division Account Signed: Signed: 74lft~f, . -ed: 06L /� N // I ; /'40yt;=k City Council Approval: City Clerk Amount Debit Credit $44,320.00 Automatic $44,320.00 s -i7 -99 Date �' _ �r/ollrl s/� r Date RAV 4 ELECTRIC VEHICLE FLEET LEASE PROGRAM MASTER LEASE AGREEMENT Date of Agreement: h0i Z , (1'ng Lessor Name and Address Lessee Name and Address including Coun Toyota Motor Credit Corporation City o Newport Beac Commercial Finance Division 3300 Newport Blvd. POB 3457 Newport Beach, CA 92659-1768 Torrance, CA 90510 - 3457 1. LEASE OF VEHICLES TO LESSEE a. Subject to the terms and conditions of this RAV4 Electric Vehicle Fleet Lease Program Master Lease Agreement (the "Agreement "), Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor from time to time, new, untitled Toyota RAV4 Electric Vehicles which include a battery pack with 24 advanced nickel -metal hydride (NiMH) batteries with charger used to power the Lease Vehicles, (collectively, the "Lease Vehicle ") for use in Lessee's business. Lease Vehicles shall be described in RAV4 Electric Vehicle Fleet Lease Agreement Supplements ( "Supplements ") executed by Lessor and Lessee from time to time. Each such Supplement shall be incorporated herein upon its execution by Lessor and Lessee. b. This is an agreement of lease only and is not a contract for the sale of vehicles. Lessor is the owner of all Lease Vehicles and Lessee recognizes that it does not acquire any legal or equitable interest in Lease Vehicles. Lessee's right to possess, use and operate any and all Lease Vehicles shall be forfeited upon the termination or expiration of this Agreement as hereinafter provided. 2. TERM AND NO OPTION TO PURCHASE a. With respect to each Lease Vehicle, the term of the lease (the "Lease Term ") shall commence on the date the Lease Vehicle is delivered to the Lessee ("in-Service Date ") and shall continue through the date set forth in the applicable Supplement as the Maturity Date. Except as may otherwise be provided in this Agreement, no Lease Vehicle shall be eligible for return to Lessor until the expiration of the Lease Term. b. With respect to each Lease Vehicle, this Agreement contains no provision for holdover beyond the Lease Term without the Lessor's prior written consent. Lease Vehicles not returned by Lessee as provided in this Agreement shall be subject to all requirements of this Agreement, including, but not limited to, monthly rental payments, insurance and maintenance. Lessor may proceed to recover Lease Vehicles retained by Lessee beyond the Lease Term without Lessee's prior written consent. c. There shall be no right of the Lessee to purchase the Lease Vehicles during, or at the end 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 2 of the Lease Term. All Lease Vehicles must be returned to Lessor as set forth in this Agreement. 3. PLACEMENT OF LEASE VEHICLES IN SERVICE Lessee may from time to time order Lease Vehicles from Toyota Motor Sales, U.S.A., Inc. ( "TMS "). Lessor shall complete a Supplement for the Lease Vehicles, which Lessee and Lessor shall execute prior to delivery of the Lease Vehicles to Lessee. Lease Vehicles described in such Supplement shall, upon execution of the Supplement by Lessee and Lessor, and delivery of the Lease Vehicle to Lessee, be subject to all the terms and conditions of this Agreement. Carrier receipt will be sufficient proof of delivery of the Lease Vehicles to Lessee. b. Vehicles shall include all equipment required by federal, state or municipal statutes, laws, ordinances, rules or regulations, present or future. Lessor shall pay for and install any equipment necessary to bring Lease Vehicles in compliance with these requirements. Lessee agrees to cooperate with Lessor in accomplishing compliance. 4. RENT AND PAYMENTS DUE AT LEASE SIGNING a. Lessee shall have the option, for each Lease Vehicle, to choose between a monthly rental payment, or an upfront ( "one- pay ") rental payment. Once Lessee chooses a payment option on a given Lease Vehicle, it may not change the payment option on that Lease Vehicle. The monthly or one pay rental payments for each Lease Vehicle placed in service will be set forth in the Supplement. b. Upon execution of the Supplement, Lessee agrees to pay: 1) any title or registration fees necessary to initially title and register the Lease Vehicle; plus 2) any upfront sales, lessor, excise or other taxes due on the Lease or Lease Vehicle; plus 3) one monthly payment if it is a monthly rental payment lease or the one -pay payment if Lessee chooses a one -pay rental payment lease, plus 4) a security deposit as set forth in the Supplement. With Lessor's written consent, Lessee may pay the upfront taxes referred to in #2 above on the condition that the Lessee provide Lessor with proof of payment of such taxes within 30 days of the In- Service Date. c. Monthly payments shall be made in advance, starting with the first monthly payment due at execution of the Supplement. Payments shall be due in advance, on the anniversary of the In- Service Date each month. d. For Lease Vehicles with a monthly rental payment, Lessor's invoice shall list the Lease Vehicles in service by Lessee, the monthly rental payment due, any past due rental payments, any delinquency charges on unpaid, past due rental payments, any other amounts due such as for Personal Property or excise taxes paid for by Lessor on the Leased Vehicles, and the total amount then due with respect to each Lease Vehicle. For RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 3 Lease Vehicles with a one -pay rental payment, Lessor's invoice shall list any amounts due such as for Personal Property or excise taxes paid by the Lessor on the Leased Vehicles. e. Lessee's obligation to pay shall not be conditioned upon Lessee's receipt of Lessor's invoice. If Lessor receives the payment more than 10 days after it is due, Lessee agrees to pay a late charge equal to 10% of the unpaid portion of the monthly rental payment. Late charges shall be charged only one time per late payment. Payments received shall be applied to the most past due payment first. REGISTRATION; OFFICIAL FEES AND TAXES; MOVEMENT OF VEHICLE a. Lessee shall pay for all official fees and taxes related to the Lease or the Lease Vehicles, including title, license and registration fees, and sales, use excise and personal property taxes. Lessee shall also promptly pay any fines incurred on the Lease Vehicles such as traffic or parking tickets. Lessor may forward bills for payment of personal property tax or excise tax directly to Lessee for payment. Other such bills Lessor may pay on behalf of Lessee and add them to the Lessee's monthly invoice. b. Lessor or its designee will register and title the Lease Vehicle initially, and Lessee shall be responsible for subsequent registration of the Lease Vehicle. All Lease Vehicles will be titled or registered in the State set forth in the Supplement as the Original Lease State. The Certificate of Title and Registration for each Lease Vehicle shall be completed as instructed by Lessor. Lessor will be the legal owner of each Lease Vehicle, and shall retain possession of all certificates of title. c. Lessee shall obtain written consent from the Lessor to remove a Lease Vehicle from the Original Lease State, which consent may be withheld in Lessor's sole discretion. Under no circumstances will Lessor allow Lease Vehicles with an Original Lease State of New York, California or Massachusetts to be removed from the Original Lease State. Under no circumstances shall a Lease Vehicle be removed from the continental United States. If a Lease Vehicle is permanently removed from and operated outside the Original Lease State, the Lessee agrees to obtain and forward promptly to Lessor a new Certificate of Title, for each such Lease Vehicle, and to pay any tax occurring as a result of such transfer. d. In the event Lessee fails to retitle, register, license or pay required taxes or fines on the Lease Vehicle, Lessor may do so, and Lessee shall be responsible for all costs, including any penalties or interest charged by any governmental agency for Lessee's failure to timely perform these obligations. e. It is expressly understood and agreed that this Agreement is a lease only and Lessee does not acquire title to any of the Lease Vehicles. Lessee shall not cause or allow any liens or mortgages of any kind whatsoever to be placed on the Lease Vehicles. Lessee agrees that it will not take any position on any tax returns or other filings with any taxing authority which is inconsistent with the status of this Agreement as a lease or Lessor's status as the owner • • RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 4 of the Lease Vehicles for income tax purposes, nor may Lessee claim any federal, state or local tax credit in connection with the Lease Vehicles. 6. USAGE a. Lessee represents and warrants to Lessor that each Lease Vehicle shall only be used by Lessee in its business, in a careful manner, and in accordance with all applicable governmental and insurance requirements and limitations, and in no event for other than a lawful purpose and in compliance with all laws. Lessor agrees that an acceptable business use of a Lease Vehicle shall be for employees of the Lessee and members of their households to use the Lease Vehicle for household or personal use, and for non - employees to use the Lease Vehicle for demonstration and other similar purposes so long as Lessee's property and liability insurance cover all users of the Lease Vehicle. Under no circumstances shall Lessee permit any Lease Vehicle to be used or charged by any individual who has not been trained by Lessee to use and charge the Lease Vehicle, including training in all information in the owner's manual. Lessee agrees that Lease Vehicles will not be used off established road ways. b. Lessee understands and agrees that Lessee may not, under any circumstances, disassemble the Lease Vehicles or any portion thereof. Lessee agrees to maintain in unobliterated condition any identification numbers, labels, tags and other markings used to identify the Lease Vehicles. c. Lessee represents and warrants that it will make reasonable efforts to use the Lease Vehicles on a regular basis for the purposes permitted by Section 6.a above. Lessee acknowledges that Lessor and its affiliates desire to obtain information regarding, among other things, consumer use and acceptance of the Lease Vehicles, the performance of the Lease Vehicles and their batteries and market development. Consequently, Lessee's representation and warranty under this Section 6.c is a material consideration for Lessor's lease of the Lease Vehicles to Lessee. 7. LIABILITY OF LESSEE a. Because the Lease Vehicle is under the Lessee's control, the Lessee assumes all risks and liability arising from Lessee's possession, use and operation of the Lease Vehicles, including liability which may arise from Lessee's employee's or agent's possession, use and operation of a Lease Vehicle, from the moment of delivery to Lessee to the moment of return to Lessor. Lessee agrees to indemnify and hold Lessor harmless from any and all of the following whether the same actual or alleged: (i) all loss, damage, claims, suits, taxes, liens, penalties, fines, liability and expense (including reasonable attorneys' fees) arising in any manner, relating directly or indirectly to the possession, use and operation of the Lease Vehicles, including, but not limited to, injuries or death to persons or damages to or destruction of property; (ii) claims and liens for storage, labor and materials; and (iii) all loss of and damage to the Lease Vehicles, regardless of whether insured for physical damage insurance. The Lessee's liability for loss of and damage to a Lease Vehicle shall be limited 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 5 to $42,000.00 per Lease Vehicle. Such indemnity shall not waive any rights the Lessee may have against the manufacturer of the vehicle or TMS for claims under the manufacturer's new electric vehicle warranty, or product defect or product liability claims. b. Lessee agrees to indemnity and hold TMS harmless from any and all loss, damage, claims, suits, taxes, liens, penalties, fines, liability and expense (including reasonable attorneys' fees) arising out of claims by third parties (including employees, agents or contractors of Lessee) which relate directly or indirectly to Lessee's negligent acts or omissions or breach of this Agreement in connection with the possession, use and operation of the Lease Vehicles, including, but not limited to, injuries or death to persons or damages to or destruction of property. Such indemnity shall not waive any rights the Lessee may have against the manufacturer of the vehicle or TMS for claims under the manufacturer's new electric vehicle warranty, or product defect or product liability claims. c. Should Lessor assign any of its rights or delegate any of its obligations under this Agreement, Lessee agrees that Lessor, its assignees and officers, directors, stockholders, employees, agents and representatives shall be entitled to the indemnity provided in Paragraph 7.a. 8. INSURANCE a. Lessee shall provide, at Lessee's expense, for each Lease Vehicle during the Lease Term thereon, insurance with the following minimum coverage: 1) Liability insurance that covers, $100,000 for bodily injuries to any single person, and $300,000 for bodily injuries for any single accident, and $50,000 for property damage, or a combined single limit of $300,000 for any single accident; and 2) Physical damage insurance with deductibles of not more than $1,000 for collision and comprehensive. The insurance shall name Lessor as Loss Payee and Additional Insured. Lessee must provide continued proof of such insurance to Lessor annually, as requested. Such insurance shall be primary to any insurance obtained by Lessor. b. In lieu of the liability insurance requirement set forth in 8.a.1, above, Lessee may provide proof, in a form acceptable to Lessor in its sole discretion, that Lessee meets the financial responsibility requirements of the states in which the Lease Vehicles will be registered. c. In lieu of the insurance requirements set forth in 8.a. and 8.b., above, Lessee may provide proof, in a form acceptable to Lessor in its sole discretion, that Lessee has a net worth of at least $50,000,000. d. Lessee shall promptly notify Lessor of any damage to any Lease Vehicle, and shall provide proof that the necessary repairs have been made by service providers designated by TMS ( "Approved Service Provider(s) "). Lessee shall pay for any Lease Vehicle repairs or expenses which are not covered by insurance. RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 6 e. If any claim is made or action commenced for personal injury or death or property damage in connection with any Lease Vehicle, Lessee shall promptly notify Lessor. 9. MAINTENANCE AND REPAIRS a. Lessee shall, at its own expense during the Lease Term and until return of the Lease Vehicle, cause each Lease Vehicle to be maintained in good operating order, repair and appearance in accordance with the owners and service manuals and any other instructions provided to Lessee by TMS, and in effecting maintenance and repairs, shall have such work performed only by an Approved Service Provider. Lessee shall be responsible for all washing, parking, towing, garage, highway fees tolls, expenses or charges and for any other expenses or charges of any nature may be incurred in connection with each Lease Vehicle. Lessee shall provide proof of such maintenance, service and repair to TMS or Lessor upon request. Lessee shall not make any modifications or improvements to the Lease Vehicles without prior written approval of TMS or Lessor. b. The manufacturer's new electric vehicle warranty shall apply to each Lease Vehicle. Lessee shall immediately have performed warranty repairs or repairs and replacements covered by insurance on the Lease Vehicles. All vehicle warranty repair and maintenance shall be performed in accordance with the manufacturer's suggested warranty repair and maintenance program and by an Approved Service Provider. c. Lessee shall provide at its own expense, a power source, which meets specification set forth by TMS and the manufacturer, for recharging and other services required for the proper operation and /or protection of each Lease Vehicle. All replacement parts and accessories installed on the Lease Vehicles must be genuine Toyota parts. Title to all replacement parts and accessories shall vest in Lessor. d. Lessee gives Lessor or TMS the right to inspect any Lease Vehicle, upon prior reasonable notice to Lessee. If Lessor or TMS, during any inspection of a Lease Vehicle, determines that Lessee has failed to perform its obligations as set forth in this Section 9, Lessor shall give Lessee written notice thereof. Unless Lessee performs its obligations within thirty (30) days from the date of Lessor's notice, Lessor shall have the right, but not the obligation, to terminate the lease of the Lease Vehicle to Lessee, and /or to perform the maintenance, service and repair required to be performed by Lessee under this Agreement. If Lessor performs such maintenance, service or repair, Lessee shall pay Lessor an amount equal to Lessor's out -of- pocket costs, such payment to be made within thirty (30) days after Lessee receives Lessor's invoice with respect thereto. e. Lessee gives Lessor or TMS the right to install, at anytime, any equipment or make any repairs or changes to the Lease Vehicle which Lessor or TMS deem are necessary. 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 7 10. LEASE VEHICLE TERMINATION FROM LESSEE'S SERVICE a. Notwithstanding anything to the contrary set forth in this Agreement, the lease of a Lease Vehicle shall expire or terminate as follows: (i) Upon expiration of the Lease Term; (ii) If the Lease Vehicle is incapable of repair, in the opinion of the Lessee, and for which supporting documentation, reasonably satisfactory to Lessor, is forwarded to Lessor. Lessor retains the right to inspect the Lease Vehicle; (iii) If the Lease Vehicle is stolen, converted, seized, or damaged beyond repair or has disappeared and has remained unrecovered for a period of at least thirty (30) days after the date Lessee became aware of such occurrence. b. Lessee shall notify Lessor in writing of the occurrence of an event specified in Subparagraph (ii) or (iii) above. c. Termination of the lease of a Lease Vehicle under Subparagraphs (ii) or (iii) above shall be effective as the date of Lessor's receipt of Lessee's written notice. d. If a Lease Vehicle has been stolen, converted or has disappeared, Lessee agrees to notify all law enforcement authorities immediately upon becoming aware of such occurrence. e. Except as provided in Section 10.a, Lessee shall have no right to terminate a lease of a Lease Vehicle prior to the expiration of the Lease Term. f. Should Lessee terminate a Lease Vehicle from the RAV4 Electric Vehicle Fleet Lease Program prior to the expiration of the Lease Term, except for reasons as set forth in Section 10.a, Lessee shall return the Lease Vehicle to the Lessor and pay as damages the following "Early Termination Charge ", in addition to all unpaid charges and other amounts provided for in this Agreement: Month of Termination from In- Service Date Months 1 - 6 Months 7 - 12 Months 13 - 18 Months 19 - 24 Months 25 - 30 Over Month 30 Early Termination Charge $3,000 $2,500 $2,000 $1,500 $1,000 $ 500 If the One Pay payment program is used, after deduction of the amounts set forth above, the Lessee shall receive a refund of the unamortized portion of the One Pay Payment, as 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 8 calculated according to the Rule of 78s method. g. Should Lessee terminate the Lease Vehicle from the RAV4 Electric Vehicle Fleet Lease Program prior to the expiration of the Lease Term for the reason set forth in Section 10.a.ii., there shall be no charge to the Lessee except unpaid charges and other amounts provided for in this Agreement. Any One Pay lease payment will be refunded on a pro -rata basis. Should Lessee terminate the Lease Vehicle from the RAW Electric Vehicle Fleet Lease Program prior to the expiration of the Lease Term for the reason set forth in Section 10.a.iii., Lessee shall pay the difference between a) $42,000.00 less the depreciation portion of any payments made through the date of the total loss, as calculated according to the Rule of 78s method and b) any insurance proceeds received on the Lease Vehicle. For Lease Vehicles under the One Pay program, the One Pay Payment will be divided by the Lease Term to determine the monthly payment for purposes of this calculation. 11. RETURN OF LEASE VEHICLES a. Upon the expiration or termination of this Agreement in its entirety or with respect to any or all Lease Vehicles, said Lease Vehicles shall be returned to Lessor or Lessor's designated party from Lessee's location, at Lessee's expense. Lessee shall give Lessor thirty (30) days' written notice of the number and vehicle identification number of the Lease Vehicles coming to the end of their Lease Terms. b. Each Lease Vehicle must be returned in a condition free from excessive wear and damage. If a Lease Vehicle has excessive wear and damage, Lessee agrees to pay the estimated costs of repair. Excessive wear and damage includes, but is not limited to: (1) Inoperative or missing mechanical and electrical parts; 2) unrepaired collision damage; and 3) broken glass. c. All repairs must be made by Approved Service Providers, and must be made in a good and workmanlike manner, acceptable to Lessor. Any necessary repairs made by Lessor may be charged to Lessee. d. Each Lease Vehicle returned to Lessor shall have one battery pack with 24 advanced nickel -metal hydride (NiMH) batteries and five undamaged tires of identical make and type supplied as original equipment. e. Upon its return, Lessee warrants that each Lease Vehicle has no damage to its basic framework (consisting of the forward frame member, cowl assembly, floor pan, supporting posts and rearmost frame members) which has not been repaired, that the battery pack is not cracked or damaged, and that the Lease Vehicle has sustained no water damage. Actual mileage of the Lease Vehicle during the In- Service period shall be certified pursuant to a federally required odometer statement, to be signed by the Lessee upon the expiration 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 9 of the Lease. g. If a Lease Vehicle is returned by Lessee with expired registration and/or license plates, whether or not during a licensing grace period, Lessee shall pay Lessor any penalties imposed by law in connection with any subsequent licensing or registration of such Lease Vehicle. 12. DEFAULT Lessee shall be in default of this Agreement if Lessee: (i) fails to pay any amount when due under the terms of this Agreement; (ii) fails to keep any other promise under this Agreement, or (iii) becomes insolvent, or is unable to pay its debts when due. 13. REMEDIES In the event of Lessee's default, Lessor shall have the right to retain all prior monthly lease payments and to recover from Lessee any and all amounts including all remaining lease payments, or keep the one -pay payment without refund, as compensation for the use of the Lease Vehicles, plus reasonable attorneys' fees, and such expenses as shall be expended or incurred by Lessor in the recovery of a Lease Vehicle or in the enforcement of any Lessor's rights under this Agreement. In addition, Lessor may, at its option, exercise any one or more of the following remedies: a. Proceed by appropriate court action or actions, either at law or in equity, to enforce performance by Lessee of the applicable terms of this Agreement, or to recover damages for the breach of such covenants and terms. b. By notice in writing to the Lessee, terminate this Agreement as to all or any of the Lease Vehicles whereupon all right and interests of the Lessee to or in the use of such Lease Vehicles shall cease. In such event, Lessee shall deliver such Lease Vehicles to the place designated by Lessor, without relieving Lessee of any of its obligations under this Agreement. c. Lessor may directly or by its agents, enter upon the premises of Lessee without demand or notice, or other premises where any of the Lease Vehicles may be or are reasonably believed to be, and take possession of such Lease Vehicles. d. Sell any of the Lease Vehicles at public or private sale, as Lessor may determine, free and clear of any rights of Lessee and without any duty to account to Lessee with respect to such sale or for the proceeds thereof. e. Hold, keep idle or lease to others any of the Lease Vehicles, as Lessor in its sole discretion may determine, free and clear of any rights of Lessee and without any duty to account to Lessee with respect to such action or for any proceeds with respect thereto. 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 10 The remedies provided by this Agreement in favor of Lessor shall not be deemed exclusive, but shall be cumulative and will be in addition to all other remedies in Lessor's favor existing at law or in equity. Lessee hereby waives any and all rights of setoff. The exercise of any right or remedy available to Lessor will not operate as a waiver of any other right or remedy. The failure of Lessor to exercise or a delay by Lessor in exercising any right or remedy shall not operate as a waiver of such right or any other right. 14. ASSIGNMENT a. Lessee shall not assign, mortgage or encumber its interest in or rights under this Agreement or in any Lease Vehicle, nor sublet or suffer or permit any Lease Vehicle to be used by others. b. Lessor shall have the right to assign any or all its rights and obligations at any time without the consent of Lessee. Lessor shall notify Lessee of any such assignment which affects Lessee's payment obligations. 15. NOTICES Any notice required or permitted under this Agreement shall be in writing and shall be deemed given when mailed by certified mail, return receipt requested, or nationally recognized courier service to Lessor or Lessee at their respective addresses set forth below, or at such other address furnished by either party to the other in accordance with the notice provisions of this Section 15. If to Lessor: Toyota Motor Credit Corporation Attn: Commercial Finance Division PO Box 3457 Torrance, California 90510 -3457 If to Lessee: City of Newport Beach Attn: General Services Director Newport Blvd. Newport Beach, CA 92659 -1765 16. GOVERNING LAW This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the state of California. This Agreement contains the entire agreement of the parties. 17. FURTHER ASSURANCES From time to time each party shall execute and deliver such further instruments and will take 0 0 RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 11 such other actions as the other party reasonably may request in order to discharge and perform their respective obligations and agreements hereunder. 18. DELAYS Neither party shall incur any liability to the other for any obligations if prevented by wars, fires, strikes, or other labor disputes, accidents, acts of God, governmental regulations or interference, shortages of labor or materials, delays in transportation, non - availability of same from the manufacturer, or other causes beyond that party's control. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. 19. SEVERABILITY AND WAIVER Any provision of this Agreement prohibited by applicable law will be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof. The failure of either party to require strict performance of any provision will not diminish that party's right thereafter to require strict performance of any provision. 20. SUCCESSORS AND ASSIGNS This Agreement shall be binding on, and shall inure to the benefit of, the parties hereto and their respective permitted successors and assigns. 21. SURVIVAL OF COVENANTS, REPRESENTATIONS AND WARRANTIES The covenants, representations, and warranties of each of the parties to this Agreement shall survive the termination of this Agreement. i • RAV 4 ELECTRIC VEHICLE LEASE PROGRAM MASTER LEASE AGREEMENT Page 12 22. AMENDMENTS OR MODIFICATIONS Any amendments or modifications to this Agreement must be in writing and signed by both parties. IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be duly executed by their authorized officers as of the day and year first written above. Lessor: Toyota Motor Credit Corporation Lessee: City of Newport Beach By: - - - -- By: Title: Pi L i S / dc(S Title: Citf Manager {np. AMERICAN HONDA MOTOR CO., INC. HONDA ELECTRIC VEHICLE FLEET LEASE AGREEMENT THIS LEASE AGREEMENT ( "AGREEMENT ") , DATED _ pyy ,,.t g, Iqd '$ IS BETWEEN AMERICAN HONDA MOTOR CO., INC., LOCATEbAATT1919 TORRANCE BLVD., TORRANCE, CA, 90501 ( "HONDA "), AND THE CITY OF NEWPORT BEACH LOCATED AT 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92659 ( "LESSEE "). HONDA and LESSEE, for the considerations set forth below, agree SECTION 1. Vehicles Leased; Term of Lease. HONDA leases to LESSEE, on terms set forth in this Agreement, the Electric Vehicles ( "EVs ") described in Schedule A attached hereto (collectively referred to hereinafter as the "Vehicles "), and any additional schedules subsequently executed, which schedules are made a part of this Agreement with the same force and effect as if this Agreement were rewritten and reexecuted at the time each such separate schedule is made a part of this Agreement, for a term for each separate Vehicle beginning on the date each such Vehicle is delivered to LESSEE as set out in such schedule, and continuing thereafter for three (3) years or as otherwise terminated as provided herein. The Vehicles are to be used in the normal and ordinary course of LESSEE's business at the location set forth in the applicable attached schedule for the respective Vehicle ("garaging address ") upon the terms and conditions set forth in this Agreement and as set forth respectively in the applicable schedule now and hereafter made a part of this Agreement. SECTION 2. Nature of Contract. This is a contract of leasing only. LESSEE does not, by this Agreement or otherwise, acquire any right, title or interest in or to the property described in this Agreement. SECTION 3. Payment of Rentals. LESSEE agrees that it will timely pay the rental payment(s) as identified on Attachment 1 hereto. All rentals shall be paid by LESSEE to HONDA at HONDA's address designated in Attachment 1 hereto, or to such other person or organization as HONDA may designate from time to time in writing provided to LESSEE, or as designated in writing by an assignee of this Agreement. If rental payments are not made within 30 days of the due date specified in Attachment I hereto, a late fee, in the amount specified on Attachment 1 hereto, will accrue and be added to the remaining balance due HONDA. SECTION 4. Vehicle Registration. All Vehicles subject to this Agreement will bear license plates, and the titles to such Vehicles will be registered in the name of HONDA. HONDA, through the Vehicle dealer, shall cause the Vehicles to be registered. The annual registration or license fees will be paid by LESSEE. SECTION 5. Delivery of Vehicles. HONDA will use all reasonable diligence to deliver the Vehicles leased under this Agreement to LESSEE upon the execution of this Agreement and any supplement to it, but will not be liable to LESSEE for any delays in the delivery of such Vehicles, if HONDA shall have exercised reasonable diligence to do so. SECTION 6. Use of Vehicles. LESSEE will not: A. Allow unlicensed drivers to operate the Vehicles; B. Allow any driver other than the LESSEE's employees, authorized Roadside Assistance company, authorized Honda EV servicing dealer, or HONDA employees to drive any Vehicle; LESSEE's employee(s) authorized by the LESSEE to provide "ride & drives" of electric vehicles may allow licensed drivers to operate the vehicle for short periods, not to exceed three days, as long as the driver agrees to the use restrictions of this contract, and LESSEE remains fully responsible for all provisions of this contract. C. Use or allow any Vehicle to be used illegally, improperly, for hire or as a public conveyance or to transport or permit any hitchhikers to ride in any Vehicle; D. Use or allow the use of any Vehicle in any way that causes cancellation or suspension of insurance or causes the manufacturer's warranty to become void; & Use or allow any Vehicle to be used to pull a trailer or another vehicle; 0 0 F. Drive or allow any Vehicle to be driven in a reckless or negligent manner; G. Remove or allow to be removed any Vehicle from California or from areas of service availability specified by the manufacturer; H. Alter, mark or install accessories or equipment in or on any Vehicle (including cellular phones, two -way radios, etc.) or affix, attach or install any stickers, decals or labels on or in any Vehicle except where advance written authorization to install the same is obtained from HONDA. I. Initiate repairs of any Vehicle, including emergency repairs, except as authorized and directed by HONDA, or have any repair work or servicing done on any Vehicles other than by the Honda EV Plus service dealers designated by HONDA; J. Disassemble, dismantle, tamper with or attempt to reverse engineer any Vehicle, even if LESSEE (or anyone else) reassembles such Vehicle, or allow anyone else to disassemble, dismantle, tamper with or attempt to reverse engineer any Vehicle, even if reassembled; K. Conduct any testing on or to any Vehicle, without prior, written approval from HONDA; or L. Participate in any formal research project relating to electric vehicles without receiving advanced written authorization from HONDA. M. Use any device to fuel the Vehicles other than: a) the 1 I OV /15A charging cord/connector which comes standard with the vehicle, or b) a 220V/40A electric vehicle charging device that meets SAEJ1772 standards and is confirmed by HONDA to be compatible with Vehicles. If LESSEE shall (or shall allow any person to) participate in any such research project without authorization from HONDA, or disassemble, dismantle, tamper with or attempt to reverse engineer any Vehicle, or conduct any testing on or to any Vehicle, then LESSEE shall be subject to litigation brought by HONDA or its designee, and HONDA shall be entitled to seek all remedies, including damages from LESSEE. SECTION 7. Maintenance and Warranty Repairs. A. LESSEE will ensure that the Vehicles are serviced: (a) in strict accordance with the owner's manual and in accordance with the manufacturer's minimum recommendations, (b) when there is a dash warning/indicator indicating that service or repair is necessary, and (c) as requested by the manufacturer in connection with any recall or product update campaign. B. LESSEE shall refer to information provided by HONDA concerning how and when to service the Vehicles, and LESSEE shall have all service work performed only by an authorized Honda EV Plus service dealer in the service availability area specified by the manufacturer. C. If serviced in accordance with the manufacturer's and/or HONDA's recommendations, the costs of such service shall not be the responsibility of LESSEE, provided that for each Vehicle serviced as required hereunder, LESSEE has all such service validated and provides proof to HONDA that such service was performed. The cost of any repairs required to be made to any Vehicle due to LESSEE's (or any of its agents' or employees') misuse, neglect, abuse or failure to follow preventive maintenance schedules will be the sole responsibility of LESSEE. D. The exterior of the Vehicles shall be regularly washed and waxed, and the interiors shall be maintained clean and free of debris, at LESSEE's expense. E. HONDA will be responsible for all fees and expenses related to replacing and maintaining tires and batteries. LESSEE will not (and will not allow any of its agents or employees to) operate any of the Vehicles on a flat tire or on any tire or tires which do not contain sufficient air pressure to prevent damage to the tires other than ordinary wear and tear. F. LESSEE will allow HONDA to perform additional service or replace parts, at any time, and shall cooperate in arranging to have such service performed. SECTION 8. Insurance. LESSEE shall, at its sole cost, provide and maintain throughout the applicable rental period (defined in Section 1 above) for each Vehicle, a policy (or policies) of automobile liability insurance 0 0 containing coverage in the amounts listed below, and such exceptions and exclusions which are ordinarily contained in automobile liability insurance policies written for the locality where the Vehicles are normally stored. Such policy or policies will insure HONDA and LESSEE and their respective agents and employees with respect to liability as a result of the ownership, maintenance, use or operation of Vehicles furnished by HONDA to LESSEE pursuant to this Agreement. The insurance will be primary, and not excess or contributory, with respect to any accident involving such Vehicles, and will afford bodily injury liability limits of not less than $100,000 for injury or death of one person in any one accident and subject to such limit per person to a total liability of $300,000 for all persons injured or killed in the same accident, and $50,000 for damage, destruction and/or loss of use of property as a result of one accident. The policy (or policies) must be written by an insurance company and in a form acceptable to HONDA. LESSEE shall provide proof of insurance to HONDA upon request. In the event LESSEE shall fail to pay for or provide any insurance as required hereunder, HONDA at its option may pay for such insurance and add the amount paid to the sums due from LESSEE. SECTION 9. Notification of Accident or Damage to Vehicles. A. LESSEE will promptly notify its insurance company and HONDA (or its designee as provided in Attachment 2 hereof) of any and all accidents, thefts or other damage, and any other incidents that may result in an insurance claim, both by telephone (on the same day of the accident or, in cases of an extreme circumstances when same day notification is not possible, as soon as practicable thereafter) and in writing addressed to HONDA as specified on Attachment 2 hereto (or as otherwise designated in writing by HONDA from time to time). The notice to HONDA shall provide the following information: insurance company name, policy number, agent, agent's telephone and agent's address, the location of the Vehicle, the nature and cause of the damage and the date such damage or loss occurred. B. LESSEE and the driver of the Vehicle involved in the accident or incident will cooperate with HONDA in the investigation of the accident and, if requested by HONDA, participate (at HONDA's expense) in the defense of any claims arising from such accident. C. LESSEE will deliver to the authorized Honda EV Plus service dealer designated by HONDA any Vehicle involved in an accident or which has been damaged. D. Upon receipt of notification of accident or damage to a Vehicle, HONDA will arrange for, and be responsible for the cost of, all necessary repairs to the Vehicle with the following exceptions: 1. HONDA shall not be liable for cosmetic damage to any Vehicle (which includes, but is not limited to, minor scratches, rock chips and door dings), except that such damage may be repaired at HONDA's sole discretion; 1 Expenses of repairs for damage caused by abuse or misuse of any Vehicle by LESSEE or its agents or employees will be LESSEE's sole responsibility. 3. HONDA shall not be responsible for the expenses of repairing any damage which, in the sole discretion of HONDA, renders any Vehicle a total loss; such damage shall be LESSEE's sole responsibility. 4. In all cases of repairs to any Vehicle necessitated by an accident or damage caused by LESSEE or its agents or where no third party is at fault, LESSEE will be responsible for up to the first $1,000 of repairs per Vehicle per incident made by HONDA to any Vehicle. In cases where the damage was caused by a third party and through no fault of LESSEE (or its agents or employees), HONDA shall be responsible for collecting any insurance proceeds from such third party. E. LESSEE shall cooperate with and assist HONDA in arranging and effecting all repairs of damage to the Vehicles. SECTION 10. Substitute Vehicles During Service or Repairs. During such time as any Vehicle is undergoing service or repair, and if HONDA deems it impracticable to service or repair promptly such Vehicle, HONDA will, in consultation with LESSEE, arrange for the temporary provision of another (non - electric) vehicle to LESSEE, through a third -parry automobile rental company (with which LESSEE enters into a rental agreement), at HONDA's expense, subject to the following conditions: 0 A. The type of substitution vehicle and the supplier of that vehicle shall be determined at the sole discretion of HONDA; B. HONDA shall not be obligated to provide a substitute vehicle to LESSEE if HONDA, in its sole discretion, considers the damage to the Vehicle undergoing repair sufficient to render that Vehicle a total loss; C. All expenses for repair of damage to any substitution vehicle provided hereunder, such as is typically covered by a "loss damage waiver" provision in rental car agreements, will be LESSEE's responsibility; D. Automobile liability insurance, covering injury to third parties, in the coverages specified in Section 8 above related to the operation of the substitution vehicle(s) shall be LESSEE's responsibility; and E. Regardless of whether a substitute vehicle is provided hereunder, the rent due HONDA for any Vehicle needing service or repairs will not be prorated or abated while the Vehicle is being serviced or repaired. SECTION 11. Vehicle Inspection. LESSEE agrees to allow (and to cause its agents and employees using the Vehicles to allow) HONDA to inspect the Vehicles at any reasonable time and place. SECTION 12. Indemnity. Except as otherwise expressly provided in this Agreement, LESSEE agrees to save HONDA harmless from all claims, losses, causes of action, and expenses, including legal expenses, arising from the loss, damage or destruction of any Vehicle, the abuse or misuse of any Vehicle, and for any costs related to the use or condition of the Vehicles. LESSEE will promptly pay all fines and tickets imposed on any Vehicle or any of drivers of a Vehicle during the applicable rental period hereunder for such Vehicle. If LESSEE fails to pay any such fines or tickets, HONDA may pay such fines or tickets on LESSEE's behalf, for which LESSEE will reimburse HONDA, together with a $20 administrative processing fee for each such fine or ticket paid by HONDA, unless such a fee is prohibited by law. LESSEE does not and shall not waive any rights it may have against the manufacturer of the vehicle or Honda for claims under the manufacturer's new vehicle warranty for product defect or product liability claims. SECTION 13. Liability for Contents. HONDA will not be liable for loss of or damage to any property left, stored, loaded, or transported in or upon any Vehicle leased by HONDA to LESSEE pursuant to this Agreement, whether or not due to the negligence of HONDA, its agents or employees. LESSEE will hold HONDA, its agents and employees, harmless from and indemnify them from and against all claims based on or arising out of such loss or damage. No right of HONDA under this Section may be waived except by prior written agreement of HONDA. SECTION 14. LESSEE's Representations and Warranties. LESSEE hereby represents and warrants to HONDA and to HONDA's successors and assigns as follows: (1) LESSEE is a public agency duly organized, validly existing and in good standing under the laws of the State of California and has full corporate power and authority to execute and deliver this Agreement and to perform fully its obligations hereunder; (2) LESSEE has taken all action needed to authorize the execution, delivery and performance of this Agreement and documents contemplated by this Agreement; (3) the person or persons executing and delivering this Agreement and documents contemplated by this Agreement are authorized to do so; (4) this Agreement constitutes a valid obligation of LESSEE, legally binding upon it and enforceable in accordance with its terms; (5) the execution, delivery and performance of this Agreement do not require any consent or approval which has not been obtained; and (6) none of the execution and delivery by LESSEE of this Agreement, or the consummation of the transactions contemplated hereby, or compliance by LESSEE with any of the provisions hereof, will (i) conflict with, or result in the breach of, any provision of the certificate of incorporation or by -laws of LESSEE; (ii) conflict with, violate, result in the breach or termination of, or constitute a default or give rise to any right of termination or acceleration under any contract or order to which LESSEE is a party or by which it or any of its properties or assets is bound; or (iii) constitute a violation of any law applicable to LESSEE. SECTION 15. Additional Charl=es. LESSEE agrees to pay all storage charges, parking charges, and fines imposed in relation to any of the Vehicles. LESSEE will pay any fees (including vehicle registration and inspection fees) or taxes which may be imposed with respect to any Vehicle by any duly constituted governmental authority as the result of the LESSEE's (or any of its agents' or employees') use or intended use of any of the Vehicles, or upon any change in the Vehicles' garaging address specified on Schedule A hereto. 0 0 SECTION 16. Roadside Assistance. Roadside Assistance shall be provided, at no cost to LESSEE, by HONDA (or its designee) to LESSEE. Roadside Assistance shall be limited to no more than 150 miles from the garaging address specified for each Vehicle on Schedule A hereto. LESSEE's (or its agents' or employees') abuse of Roadside Assistance may result in additional charges to LESSEE. SECTION 17. Default. LESSEE shall be in default hereunder if any of the following occurs: A. Payment of any sums due hereunder more than 30 days beyond the date due; B. Initiation of any proceeding in bankruptcy or insolvency by or against LESSEE; C. The filing or initiation of any proceeding in receivership by or against LESSEE or LESSEE's property, or if LESSEE makes an assignment for the benefit of creditors; D. A voluntary assignment of LESSEE's interest under this Agreement; E. LESSEE's failure to comply with the insurance requirements of this Agreement, or the expiration or cancellation of any policy of insurance agreed to be paid for by LESSEE, or the cessation in force according to its original terms of such insurance, or of any extension or renewal of such insurance; F. LESSEE failure to service or maintain the Vehicles as required in this Agreement. LESSEE shall be given a reasonable opportunity to cure; G. Loss, theft, destruction of any Vehicle or upon HONDA's determination that any Vehicle leased to LESSEE has been rendered unsuitable for use by LESSEE or its agents or employees; H. LESSEE's failure to answer any traffic summons or pay any traffic ticket or other fine imposed in regard to any Vehicle when due; 1. The imposition of any lien on any Vehicle; J. Seizure or confiscation of any Vehicle for any reason by a law enforcement agency; K. LESSEE's breach of any other provision of this Agreement, if such breach materially impairs, in HONDA's sole discretion, the prospect of payment or the realization of HONDA's interest in the Vehicles; or L. LESSEE's breach of any provision of Section 6 (Use) hereof. In the event of any Default, HONDA may do any or all of the following without giving advance notice to LESSEE: (1) Take any reasonable measures designed either to correct the Default or to save HONDA from loss, in which case LESSEE will pay HONDA upon HONDA's request for the costs and expenses incurred in connection therewith; (2) Terminate the Agreement and LESSEE's rights to possess and use any of the Vehicles, in which case: (a) all Vehicles then subject to this Agreement (including any substitution vehicles, if any, provided hereunder) will be surrendered and delivered to HONDA, (b) HONDA may take possession of the Vehicles wherever they may then be found, with or without process of law, and for that purpose may enter on the premises of LESSEE, (c) HONDA shall be entitled to retain all rents and other sums paid by LESSEE under this Agreement with respect to all such Vehicles, and (d) LESSEE shall be responsible for payment of HONDA's costs of repossessing, storing and transporting the Vehicle as well as HONDA's costs of collection, including court costs and reasonable attorneys' fees, to the extent permitted by law; (3) Assess an early termination fee as set forth in Attachment 3, which LESSEE agrees to pay immediately; (4) Apply any security deposit amounts to amounts owed to HONDA; and/or (5) Pursue any other remedy permitted by law. SECTION 18. Early Termination (No Default). A. By HONDA. Prior to the end of the Term, HONDA may terminate this Agreement at any time, by providing written notice to LESSEE, and, if such election to terminate was made by HONDA in the absence of any Default, then HONDA will refund to LESSEE a prorata portion of any rental sums advanced to HONDA for the remaining period of the Lease so terminated. Upon receipt of such notice of termination, LESSEE must return all Vehicles provided hereunder to the nearest authorized Honda EV Plus service dealer, or make a similar arrangement with HONDA, within seven (7) business days of receipt of HONDA's written notice of termination. 0 0 B. By LESSEE: If LESSEE elects to terminate this Agreement early, LESSEE will return all Vehicles provided hereunder to HONDA on the due date of a monthly Agreement payment. In such event, LESSEE will owe to HONDA, an early termination fee, as set forth on Attachment 3 hereto and Honda shall refund to LESSEE a prorata portion of any rental sums advanced to Honda for the remaining period of the Lease so terminated. In addition, LESSEE will owe to HONDA: (a) any due and unpaid rental payments and any other amounts owed, if any, arising from LESSEE's breach or failure to perform any provision of this Agreement, and (b) any official fees and taxes imposed in connection with such early termination. SECTION 19. Surrender of Vehicles. On expiration of the Term of this Agreement or upon any earlier termination as provided herein, LESSEE will surrender the Vehicles leased hereunder, in the same condition as when received, less reasonable wear and tear, and free from collision or upset damage, to HONDA at its address first set forth above or as otherwise designated by HONDA. Upon any termination hereunder (or the expiration hereof), HONDA may freely enter any premises occupied or controlled by LESSEE without giving prior notice to LESSEE to remove any Vehicles from LESSEE's possession. LESSEE shall pay to HONDA on demand all costs, charges and expenses incurred by HONDA in so re- taking possession of the Vehicles. If LESSEE fails to promptly return the Vehicles (or any Vehicle) to HONDA as required hereunder, LESSEE will be obligated to pay HONDA a rental fee equivalent to the prorata portion of the rental payments due hereunder for all Vehicles held -over for the period of such hold -over; however, LESSEE acknowledges that its continued payment of rental under such circumstances is not to be construed as an extension of the Agreement or to confer rights in LESSEE to keep the Vehicle past the Agreement termination date. LESSEE shall pay for any loss or damage incurred by HONDA due to LESSEE's failure to return all Vehicles when due hereunder. SECTION 20. Odometer Disclosure Statement. Upon termination or expiration of this Agreement, LESSEE shall provide a signed written disclosure statement to HONDA for each Vehicle of the correct odometer mileage for such Vehicle, as required by federal law. LESSEE shall indemnify HONDA for any loss, claims, damage, costs and expenses (including attorneys' fees) which result from LESSEE's failure to promptly provide HONDA with the requisite written odometer disclosure statements. SECTION 21. Scheduled End of Agreement Liability. LESSEE's payment liability at the end of the rental period for any Vehicle will be the sum of (a) any rental payments due and unpaid, (b) any other amounts arising from LESSEE's failure, if any, to abide by its promises herein, (c) any sums relating to Excess Wear and Use (defined in Section 22 below), and (d) any official fees and taxes imposed in connection with the Agreement, less (e) any amounts due to Lessee from Honda under this agreement. SECTION 22. Excess Wear and Use. For each Vehicle, LESSEE will reimburse HONDA for the amount it would cost HONDA to repair excess wear and use of such Vehicle, whether or not Honda makes repairs. "Excess wear and use" includes, but is not limited to: (a) broken or missing parts or accessories, (b) interior rips, stains, bums or excessively worn areas, (c) missing wheels or tires (including spare), (d) neglect of proper maintenance intervals, (e) any condition which makes the Vehicle unsafe or unlawful to operate, or (f) safety equipment not in proper working order. SECTION 23. Waiver of Set -off. LESSEE hereby waives any and all future claims of set -off and abatement against any payments due hereunder and agrees to make all such payments in full, without any deduction, whatsoever of any nature and, without limitation, regardless of any set -off, equity or cross -claim on the part of HONDA against LESSEE. SECTION 24. Warranties. The Vehicles are covered by the manufacturer's new vehicle warranty. HONDA assigns to LESSEE all of the rights under the manufacturer's new vehicle warranty. 0 0 HONDA LEASES THE VEHICLES HEREUNDER ON AN "AS -IS" BASIS AND LESSEE LEASES EACH VEHICLE IN WHATEVER CONDITION IT MAY BE IN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER HONDA NOR ITS AFFILIATES LETS OR SUPPLIES THE VEHICLES TO LESSEE WITH OR SUBJECT TO ANY REPRESENTATION, CONDITION OR WARRANTY, EXPRESS OR IMPLIED; STATUTORY OR OTHERWISE, REGARDING THE CAPACITY, CONDITION, SUITABILITY OR FITNESS FOR PURPOSE, PERFORMANCE, USE, QUALITY OR MERCHANTABILITY OF THE VEHICLES, AND ALL SUCH REPRESENTATIONS, CONDITIONS AND WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NEITHER HONDA NOR ITS AFFILIATES SHALL BE LIABLE TO LESSEE FOR ANY LOSS, INJURY OR DAMAGE ARISING BY REASON OF THE SUPPLY OF OR INTERRUPTION OF SERVICE OR USE OF ANY VEHICLE LEASED UNDER THIS AGREEMENT. IN NO EVENT SHALL HONDA BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF BUSINESS, LOSS OF BUSINESS, LOSS OF ANTICIPATED PROFITS OR ANY OTHER ECONOMIC LOSS, EVEN IF HONDA WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. The provisions of this Section are intended to be a complete exclusion and negation of any representations or warranties of HONDA, express or implied, with respect to the Vehicles and this Agreement that may arise pursuant to any law now or hereafter in effect, or otherwise (except as expressly provided herein). SECTION 25. Assignment. Lessee agrees not to assign, transfer, sublet, pledge or encumber any of its rights under this Agreement, the lease itself or any Vehicle or LESSEE's right to use any Vehicle. Lessee consents to and authorizes HONDA's assignment of all rentals, charges, and other amounts payable by LESSEE to Honda, or to become payable. SECTION 26. Waiver. Failure of either party in any one or more instances to insist on the performance of any of the terms of this Agreement, or to exercise any right or privilege conferred under this Agreement, or the waiver of any breach of any terms of this Agreement will not thereafter be construed as a waiver of such terms, which will continue in force as if no such waiver had occurred. SECTION 27. Notices. Notices provided for under this Agreement will be deemed given when mailed to the addresses of the LESSEE and HONDA, as contained in this Agreement. LESSEE shall promptly notify HONDA of any change in LESSEE's address or of any garaging address for any Vehicle identified on Schedule A hereto. SECTION 28. Succession. This agreement will be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. SECTION 29. No Option to Purchase. LESSEE has NO option to purchase any of the Vehicles hereunder, nor is this Agreement intended to create any such option. SECTION 30. Time of Essence. All times and dates in this Agreement shall be of the essence. SECTION 31. Governing Law /Severability. The validity, construction and interpretation of this Agreement shall be governed by the laws of the State of California applicable to contracts made are to be performed wholly within that state and the parties hereby submit to the exclusive jurisdiction of the Federal or State courts within California. If any provision of this Agreement is unenforceable or invalid, that provision shall be severed from the remainder of the Agreement and the validity and enforceability of the remaining provisions shall not be affected or impaired. SECTION 32. Technology Rights /Confidentiality. LESSEE acknowledges that the Vehicles leased under this Agreement incorporate innovative technology developed by and proprietary to HONDA. LESSEE agrees to cooperate with HONDA in the evaluation of the new technology by responding to inquires from HONDA as to the performance, handling and use of the Vehicles, whether during the rental period for any Vehicle or after this Agreement has terminated, and by abiding by the requirements of the Agreement as to the maintenance and protection of the proprietary nature of the technology. LESSEE shall have no rights in any of the technology associated with the Vehicles or in any other connection or of the goodwill associated therewith. LESSEE expressly acknowledges that all such rights and goodwill are and shall remain vested in HONDA. LESSEE shall not do, and shall not authorize any third parry to do, any act or thing which would or might invalidate or be inconsistent with the rights of HONDA in relation to the technology rights hereunder. LESSEE agrees to hold (and to cause its agents and employees to hold) in confidence the technology rights and all proprietary know -how, experience, data and other technical information received from or relating to HONDA using the same degree of care as that LESSEE 0 0 would use to protect its own proprietary information. The provisions of this Section shall survive the termination or expiration of this Agreement. SECTION 33. Rights and Remedies Cumulative. The rights and remedies of HONDA under this Agreement are not exclusive, but cumulative and in addition to all other rights and remedies provided by law. SECTION 34. Amendments. This Agreement may not be amended, modified or supplemented in any manner, except by an instrument in writing signed on behalf of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. HONDA: n ERICAN H A MOTOR CO., INC. �S By: 1' ,Robert J. Bienenfeld, EV Program Manager, (SIGNATURE (TYPED NAME) (TITLE) (DATE) LESSEE: THE CITY OF NEWPORT BEACH By: a2 -,Kevin J. Murphy City Manager (SIG7 ATU • (TYPEDNAME) (TITLE) (DATE) • Attachment 1 Rental Payment Fees - Private Fleets Availability: The Honda EV PLUS is a limited production vehicle. Off -board charging equipment is not included in this price and must be purchased separately. Local Governments/Political Subdivisions These organizations may elect to make either a one -time payment at time of vehicle delivery (within thirty days), or an annual payment, due within thirty days of invoice, to be paid at the beginning of each annual term. This is shown, below, in table 2. Table 1 Basic Program Manufacturer's Suggested Price $53,999 Honda Special Incentive to CAP ($2,550) Local Incentives (to Honda)(') ($5,000) Capital Cost $46,449 Residual % 70.00% Annual Yield 7.37% Lease Term 36 Monthly Lease Fee $498.91 Total Six -Month Payments $2,993.47 Total Annual Payments $5,986.94 Total Three Year Payments $17,960.82 Table 1 Table 2 Attachment 2 Notice Addresses and Contact Designations Purpose Annual Lease One -Time Lease Annual Payment Pre -Pay Discount ($196.91) eneral Services Director Annual Payment Amount $5,790.03 ity of Newport Beach One Time Payment Pre -Pay Discount MS: 100 -3C -3A ($1,791.88) Total Monthly Payments (3yrs) American Honda Motor Co., Inc. $16,168.94 Table 2 Attachment 2 Notice Addresses and Contact Designations Purpose Honda Lessee Contract Modifications RobertBiencnfeld eneral Services Director & Other Inquiries (310) 781 -4455 (tel) / (310) 781 -4459 ity of Newport Beach MS: 100 -3C -3A 3300 Newport Blvd. American Honda Motor Co., Inc. Newport Beach, CA 92660 1919 Torrance Blvd. (949) 644 -3055 Torrance, CA 90501 Accident Notification American Honda Motor Co., Inc., 15 Hager c/o Salex /o City of Newport Beach] 800- 645 -4950 (949) 644 -3300 10 0 Attachment 3 Early Termination Fee Schedule In accordance with Section 18 of the Agreement, upon termination of the Agreement by LESSEE prior to the end of the Term, LESSEE agrees to pay to HONDA immediately upon such termination an early termination fee according to the following schedule: Month of Termination (calculated from commencement date of Term) Early Termination Fee Months I - 6 $3,000 Months 7 - 12 $2,500 Months 13 - 18 $2,000 Months 19 - 24 $1,500 Months 25 - 30 $1,000 Months 31— 36 $ 500 Schedule A Vehicle Identification and Garaeine Address Chart No. Vehicle Identification Number (VIN) Scheduled Delivery Date Delivering Dealer Garaging Address 1 �H,� I t5� o May 1998 Costa Mesa Honda 2888 Harbor Blvd. Costa Mesa, CA 92626 (714) 436 -5050 Tel (714) 540 -6527 Fleet Services Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659 2 t T 3 3t�ka,u t $ LYCeeo lto 4 R W XAt -C 11c 5 June 1998 6 7 8 9 July 1998 10 11 12 11 F�EaPORr o d Or City Council Agenda Item No. 9 April 10, 2001 TO: Mayor & City Council FROM: General Services Director SUBJECT: Electric Vehicles APPROVED Recommendations Approve a budget amendment in the amount of $13,176 to fund the leasing of three Toyota RAV -4 electric vehicles for a one year period and to extend the lease of one Honda EV Plus for one year. Authorize staff to execute leasing documents with Toyota Motor Company and American Honda Motor Company for the four electric vehicles. Background In September 1997, as a result of heightened interest in alternative fueled vehicles, staff tested all available production electric vehicles for suitability for City operations. Two vehicles were selected for possible City use, the Honda EV Plus (a four - passenger sedan) and the Toyota RAV -4 (a five- passenger station wagon). In February 1998, Council approved an electric vehicle program consisting of the leasing of 17 electric vehicles (EV's) for a three year period based on a number of environmental and fiscal reasons. The electric vehicle is considered a zero emission vehicle that is mandated by California law into production use. The use of a zero emission vehicle in a community such as Newport Beach with numerous other natural resources has emphasized the City commitment to progress toward cleaner air. The City EV program, which is the largest municipal program in the State, has served as a clear example to other cities that EV's can be adapted readily to municipal use. 0 0 The total cost of the City EV programs was $360,676, of which $72,135 were matching funds from AQMD and the remaining amount came from AB2766 funding. The City applied for and was granted 20% matching funds ($72,135) from South Coast Air Quality Management Mobile Source Air Pollution Reduction Review Committee for the initial EV program. AB2766 funding is allocated to the City based on the number of vehicles registered by City residents. For each vehicle registered, the City receives $1.60 per year. The funding can only be used for clean air programs such as electric vehicles. Funding recommendations of this report will target accumulated AB2766 funds. No General Fund dollars will be used for the leasing and electric chargers associated with the proposal. On the fiscal side, the EV program has been fully funded from grant or AB 2766 funding with the exception of staff time to manage the program and the EV fleet. In addition, by selecting an EV program in February 1998, the City avoided a General Fund expenditure of over $330K to purchase 18 gasoline; vehicles. This report advocates the continuation of the EV program in its entirety. The second fiscal reason for undertaking the initial EV program was the reduced cost of electricity over gasoline. Staff has determined from use that EV's can be powered by electricity for about 20% of the cost of gasoline. This is due to the time of use charging process that allows minimum costs by night charging of the EV's. Even with anticipated electricity rate increases, EV's can still operate for less than half the cost of gasoline in the coming year. Annual fiscal savings associated with fuel costs are estimated to be in excess of $10,000. The first City EV's were four Honda EV Plus vehicles which went into City service in May 1998 on a three; year lease. In 2000, Honda announced the discontinuance of the Honda EV Plus. Staff researched the availability of EV models for 2001 and selected the Toyota RAV -4 as the best suited EV to replace the Honda EV's. A photo of the Toyota EV is attached with associated vehicle specifications. The availability of three Toyota RAV -4 vehicles was recently confirmed by staff with the Toyota Motor Company. Staff is recommending the replacement of the three Honda EV Plus vehicles with three Toyota RAV -4's using a three year leasing program and clean air funding sources. Toyota EV's may only be leased due to the level of technology incorporated into the vehicles. As a matter of information, the California Air Resources Board confirmed their EV production mandate to all major automobile manufacturers through 2004, thereby assuring the continuation of electric vehicle programs in California through the full term of the recommended three year leases. 0 0 Three additional Toyota RAV -4 EV's were added in late 1999, two for the Police Department (volunteers use) and one for the Planning Department (code enforcement use). There are a total of 20 EV's in the City fleet with a wide range of usage by City staff. Discussion The three Honda EV Plus' vehicles to be replaced due to expiring leases are assigned to Building Inspectors. The units are staged at the City Corporation Yard and are the most heavily used EV's in the City inventory. The single Honda EV Plus to be extended for a one year period is assigned to the Fire Department. It is being extended instead of replaced due to its condition and mileage. Staff has negotiated a reduced leasing rate for the one year extension with the American Honda Motor Company. The conversion from Honda to Toyota RAV -4 vehicles will necessitate the replacement of the Honda conductive chargers with Toyota inductive chargers. The cost for the materials and labor will also be funded from the AB2766 account. A cost breakdown, including sales tax, of the proposed replacement or extension of EV vehicles is as follows: Annual Leasing Cost (3 Toyota RAV -4's) $17,724 Annual Leasing Cost (1 Honda EV Plus) $ 3,870 EV Charger Replacement and Installation (3) $13,030 $34,624 Council approved the use of $21,448 of AB2766 funds in the current fiscal year for the leasing of an electric truck for three years and the purchase and installation of a charger for the truck. Such a unit is not currently available so staff recommends the use of the funding to offset the above proposed expenditure. The difference between the budgeted amount ($21,448) and the requested amount ($34,624) is $13,176. A budget amendment for $13,176 is attached. As a matter of information, the proposed FY 01 -02 budget includes the replacement of two Honda EV's with Toyota RAV -4's and one year extensions on 11 Honda EV Plus vehicles. Very respectfully, David E. Niederhaus Attachments: (A) Proposed Budget Amendment (B) Toyota RAV -4 (photo and specification) lJ CITY OF NEWPORT BEACH REQUESTS FOR FUNDS TO: Administrative Services Director FROM: General Services Director SUBJECT: Request for Funds Request for additional funds, _ $13.176.18 Funds are not available in the current budget. 0 Date March 28, 2001 Additional appropriation to the account number noted below is requested: A MD Division (2766) 2766 -82:70 Electric Vehicles Program $13,176.18 The funds are needed to fund the first year lease costs on three Toyota RAV -4 EVs, a one -year lease extension on a Honda EV Plus, and the conversion of five EV chargers at the City Yard. General Services Director Appr ed: •1. 04 . City Manager Administrative Services Director front -'W rear seats W.""heat pump-type CK-lime air conditioning W 0: -V I..". Wxllcy� . door locks and mirrors M stereo with Cassette seats (driver and front- passenger) and tinted windshield ndow defogger and wiper I panel with pre-heat and pre -cool cabin function led spare tire 16 low rolling resistance steel•belted radial tires ribld-down (and up) rear seam Package available 4 Overall width 66.7 in. Overall height 65.7 in. Wheelbase 94.9 in. in as an electric vehick-The from-drive, four -door Toyotas Will be ainme the first !ride batteries with twice the power of lead-acid bameries.Wrth a combined per top speed of 79 mph, the RAV4-EV is a serious player in the race for zero emissions. ... 1MOz: MOOR. FRONTIMEAR Head morn 403 in.09.0 In:' Shoulder mom 53.1 in./53.1 in. Hip room 55.9 in./56.0 in. Leg mom 39.5 in. /33.9 in. . CURS WRICKY GROUND CLEARANCE PAYLOAD CAPACITY CARGO VOLUME �k &0 VLNRA� 827 [b& 31.4 cu. ft. (behind rear seats) In the RAV4 -P4 a lightweight and responsive permanent- magnet motor powers the from maintenance -free air- cooled motor is "fueled" by 24 12 -volt (288 volts) nickel -metal hydride bs_ The on -board charger lets you recharge the batteries using 220-volt household currentWA the during off -peak hours when electricity is cheapest ECUs (electronic control units) monitor the cl*jng rate, as wd as output in response to acceleration and braking. The low rolling resistance tires exclusively developed for EVs„ along with the regenerative brake system, convert the braking into electrical energy, thus increasing the vehicle's single- charge driving range. 0 control unit box heat exdtanger (for A0 0 comprmsor (kit .� © hrerter 0 auxi" battery • ' ? 0 tru a de O hydraulic brake accumulator ' O motor 0 accumulator (for A/C) 0 safety plug 0 vane pump (for power steering) 0 main batteries POWERTRAIN Motor 50-kW, 67 hp @2.600- 2,800 permanent- magnet = ..4F Tmnsaxle Single - speed, front -wheel drive Type Sealed nickel-metal hydride; ­. BATTERIES 24 12 -volt units; one 12 -roh lead -acid auxiliary battery_ . Charger On- board, 220 - volt/40 -amp :• -.- conductive with timer • :I. !t: Recharge time 6 -8 hours PERFORMANCE City/highway/ combined range 13011061118 miles per charge*' harge" Acceleration. 0 -60 mph 17 seconds a' Top speed 79 mph (electronically Iknited) Independent MacPherson strut from/ 11 � SUSPENSION double- wishbone coil -spring rear .7 STEERING Vehicle speed- sensing electro-hydrsuk . power steering BRAKES Power - assisted front disc/reardrvmAe with regenerative function °Actand ra t,t oW r'ar) bawd m d," Pr7 -366 (3197) l o M USA (SM) A Fnnned on r ded paper fn . 01997 Torun Motor Salt. U.S./ Inc. CJ IA tconsumer u, ®TOYOTA CaN I- SW -GO- TOYOTA or the ous our Web sift at wr w::oyotaxom.Vebide inlortradon 4 based upon aeailabiliry at the ume of printing and is subim so lunge s dsotn mtke. (Vy of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO, BA- 041 AMOUNT: St3,ns.ta Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for electric vehicles from unappropriated fund balance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 290 3605 Fund Balance REVENUE ESTIMATES (3601) Signed: Signed: Signed: Financial Approval: Administrative Services Director City Council Approval: City Clerk Amount Debit Credit $13,176.18 - $13,176.18 -2v'a Date Da a Date Fund/Division Account Description D(PENDITUREAPPROPRIATIONS (3603) Description Division Number 2766 AQMD Account Number 8270 Electric Vehicle Program Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Financial Approval: Administrative Services Director City Council Approval: City Clerk Amount Debit Credit $13,176.18 - $13,176.18 -2v'a Date Da a Date wry of Newport Beach 0 BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 041 AMOUNT: S13,t�s.1a Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No ,"elary Fund Balance - cl -Y c CH 3 ROVED To increase expenditure appropriations for electric vehicles from unappropriated fund balance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 290 3605 Fund Balance REVENUE ESTIMATES (360 1) Signed: Signed: Signed: Approval: Director City Council Approval: City Clerk Amount Debit Credit $13,176.18 . $13,176.18 Date Dat Date Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 2766 AQMD Account Number 8270 Electric Vehicle Program Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Director City Council Approval: City Clerk Amount Debit Credit $13,176.18 . $13,176.18 Date Dat Date Office of CITY ATTORNEY June 2, 1998 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 CITY OF ANAHEIM, CALIFORNIA 9f� 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 71ephone: 65 -5769 FAX 7141765 -5123 www.anaheim.net Re: Vehicle Project Gentlepersons: Enclosed herewith is a completely executed copy of the Agreement between City of Newport Beach and the City of Anaheim. By copy of this letter, if the agreement provides for payment by the City Finance Department the City is legally authorized to make payment for such work hereinafter performed pursuant to said Agreement. Very truly yours, JACK L. WHITE, CITY ATTORNEY By I TINA L. TALLEY Sr. Assistant City Att rney c: Diana Kotler, Public Works DRUG USE IS IFE ABUSE ORANGE COUNTY EV INFRASTRUCTURE PROGRAM MEMORANDUM OF UNDERSTANDING ORANGE COUNTY ELECTRIC VEHICLE INFRASTRUCTURE PROJECT PURPOSE AND FINDINGS WHEREAS, the following entities (hereinafter referred to as "team members" or "property owners ") have received funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) under the "Quick Charge Electric Vehicle (EV) Corridor Communities" program, and from the Orange County Transportation Authority (OCTA) under the Combined Transportation Funding Program (CTF); and Public Sector Private Sector City of Anaheim Edison EV City of Brea Fashion Island Shopping Center City of Costa Mesa Fullerton Price /CostCo City of Newport Beach Speaker Properties City of Santa Ana Hoag Hospital City of Seal Beach MainPlace Santa Ana County of Orange South Coast Plaza County Sanitation Districts Southern California Edison The Walt Disney Company WHEREAS, these funds shall be used to implement a project to develop a network of EV public charging sites and perform associated tasks (hereinafter referred to as "the project'); and WHEREAS, implementing the project and receiving the funds awarded shall require compliance with the requirements identified in this Memorandum of Understanding (MOU); and WHEREAS, this MOU shall be in effect for a minimum term of one year and a maximum term of eighteen months from the date that a contract is executed between the City of Anaheim (hereinafter referred to as the Lead Agency) and the MSRC, and the Lead Agency signs this MOU; and WHEREAS. it is the intent of the team members to allow charging sites to be developed as they are ready, following individual team member execution of this MOU, without requiring the signature of all other team members; and WHEREAS, this MOU shall be based on the good faith efforts of each team member to comply with all pertinent requirements; and WHEREAS, project requirements not addressed in this MOU shall be addressed in the appropriate contractual agreements between project team members; and WHEREAS, execution of this agreement shall be required before contractual agreements shall be enforceable with Edison EV, the designated contractor for the project, and before payment for work performed shall be authorized; and WHEREAS, the EV charger(s) along with any additional electrical facilities shall be referred to herein as "charging stations," and the location of the charging station and reasonable access thereto shall be referred to herein as the "charging area;" and March 10, 1998 Page 1 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM WHEREAS, the charging stations shall be in operation for a minimum of one year, referred to herein as the "demonstration period," which shall occur during the period that the eighteen -month contract between the City of Anaheim and the MSRC is in effect; and NOW THEREFORE, the team members agree that the project shall be implemented in accordance with the requirements outlined below. II. PROJECT REQUIREMENTS A. Local Government Minimum Participation Requirements 1. Local government team members shall comply with the requirements for receipt of AB 2766 Discretionary Funds as set forth in Request for Proposals (RFP) No. 9596 -48 - "Quick Charge" Electric Vehicle Corridor Communities Program, including the Minimum Participation Requirements, as identified in the July 10, 1996 proposal submitted to the MSRC and in local government resolutions. 2. In addition to the Minimum Participation Requirements, local government team members shall comply with the additional commitment identified in the July 10, 1996 proposal to prioritize permit processing for EV public charging infrastructure applications. B. Local Government Coordination Local government team members shall facilitate project completion by fulfilling the following requirements: 1. Act as liaison with private sector property owners participating in the project, to facilitate communication and expedite charging station installation. 2. Participate in team meetings and discussions, as needed, to facilitate project completion. 3. Make good faith effort, through a team review process, to equitably address unanticipated budget overages and shortfalls related to the construction process, not including routine maintenance, repair and /or replacement of the chargers covered under warranty, or repair /replacement funded through the "Contingency for Charging Station Repairs" described below in Section II.C.6. If necessary, the Lead Agency, based on consultation with the team members, may request a scope change from the MSRC to address unforeseen circumstances. C. Design, Operation and Maintenance of EV Charging Stations (Applies to Property Owners and Lead Agency) 1. Property owners shall use their best efforts to ensure that the parking spaces in which the EV chargers are installed shall be used only for EV charging during the demonstration period. 2. Property owners shall permit the installation of appropriate signage identifying the EV charging station locations. Signage placed in the charging area shall be included in the cost of charging station installation and shall be provided by Edison EV. The cost of additional directional signage shall be provided by the MSRC and shall be independently installed per future arrangements by the MSRC. 3. Property owners shall provide, at each site, a minimum of two (2) parking spaces and appurtenant areas necessary for the installation of electric vehicle charger(s). March 10, 1998 Page 0 0 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM 4. Property owners shall contribute the cost of electricity used at the charging stations during the demonstration period. Property owners shall maintain the EV chargers in good and operative condition throughout the demonstration period. Property owners shall inspect the chargers on a monthly basis to confirm that chargers are operational, and shall report any apparent malfunctions to the Lead Agency and Edison EV. Where routine maintenance can be performed with minimal cost and effort, the property owner shall provide such maintenance (e.g. graffiti removal). Should repairs and /or replacement be needed that are covered under warranty, property owner shall arrange for such repair and /or replacement. Repairs and /or replacement not covered under warranty shall be reviewed by the Lead Agency for coverage under the Contingency for Charging Station Repairs described below. 6. A Contingency for Charging Station Repairs shall be available to project team members, pursuant to the contract between the Lead Agency and the MSRC. This fund shall be used for charger repair and /or replacement that is not covered under warranty. Property owners wishing to utilize the Contingency for Charging Station Repairs shall submit a request to the Lead Agency who shall be responsible for requesting authorization for use of the funds from the MSRC. 7. As specified in the contract between the Lead Agency and the MSRC, property owners shall provide each charging site with such electrical facilities as would permit installation of additional EV chargers in the future. D. Reporting & Monitoring (Applies to Property Owners and Lead Agency) 1. The Lead Agency shall submit invoices to the MSRC for payment of work performed. Prior to invoice submittal, team members shall submit to the Lead Agency a Notice of Acceptance, utilizing a standardized form, indicating they are satisfied with work performed by the contractor and are authorizing payment for such work. The Lead Agency shall be responsible for forwarding payment from the MSRC to Edison EV. 2. The Lead Agency shall submit Monthly Status Reports to the MSRC. Team members shall be responsible for submitting standardized reporting forms to the Lead Agency on a monthly basis, or as needed, indicating problems, issues or accomplishments that may have occurred during the previous month, for incorporation into the Status Reports. 3. The Lead Agency shall complete Quarterly Reports and a Final Report in accordance with MSRC requirements. The reports shall be circulated in draft form to team members for review and comment prior to the Lead Agency submitting the reports to the MSRC. 4. The Lead Agency shall oversee a Monitoring Program, to be developed in accordance with the July 10, 1996 proposal to the MSRC. E. Work Program Commitments (Applies to Local Government Team Members) 1. Team members shall implement a Public Education and Awareness Program as described in the July 10, 1996 proposal to the MSRC and the April 19, 1996 proposal to OCTA. Team members shall be responsible for reviewing marketing materials prepared by the Lead Agency, and facilitating distribution of appropriate materials. 1998 Page 3 .1. �i • ORANGE COUNTY EV INFRASTRUCTURE PROGRAM 2. Local government team members that committed to the purchase of EVs as part of their co- funding commitment (i.e., City of Seal Beach), shall conduct vehicle performance data collection, as indicated in the July 10, 1996 proposal to the MSRC. [need to confirm with MSRC that this is still required) F. Co- Funding (Applies to all Team Members /Property Owners) 1. Team members shall provide financial contributions to the project (cash and in -kind) in accordance with the commitments identified in the July 10, 1996 proposal to the MSRC and the April 19, 1996 proposal to OCTA, as modified by the funding agencies through subsequent proposal review and contract negotiation (see attached Cost Summary). 2. Team members shall purchase and /or lease electric vehicles, in accordance with the commitments identified in the July 10, 1996 proposal to the MSRC. The following commitments apply. City of Seal Beach -- 2 vehicles Southern California Edison -- 16 vehicles SIGNATURES OF RESPONSIBLE PARTIES CITY OF ANAHEIM By: �7 Name al Name By: T March 10. 1998 APPROVED AS TO FORM: JACK L WHITE, CITY ATTORNEY BY r- Date: Date: Date: 3 Date: 0 \ i Mobile Source Air Pollution Reduction Review Committee April 16, 1998 Mr. David E. Niederhaus City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 Dear Mr. Niederhaus: Enclosed you will find the City of Newport Beach's fully executed copy of its Mobile Source Reduction Air Pollution Reduction Review Committee's (MSRC) Local Government Subvention Match Contract. According to the Contract's Project Milestone Schedule provided by the City this project is scheduled to begin April 1998 and shall end July 1999. The reporting requirements for this project include a brief Interim Report (due December 1998) and a Final Report (see application package, page A -6). The Interim Report should be submitted at the approximate half -way point in the overall project schedule and should include, at a minimum: a) tasks completed; b) issues identified; resolutions implemented; and d) results to date. Any modifications, whether already implemented or planned, to the project description/statement of work, project costs or project schedule should be highlighted. A Final Report shall be submitted upon completion of the project. The Final Report should discuss the project's goals and accomplishments and include data collected during project performance, document significant results /conclusions and provide the emissions reductions input data needed for calculating emissions reductions. Emissions reductions calculations will be performed by the MSRC's technical consultant. No funds shall be paid out until the project is complete and the Final Report is approved by the MSRC. Please send your reports and invoice (with supporting documentation) to: Michele Stitzel AB 2766 Discretionary Fund /IGA South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, California 91765 If you have any questions or concerns regarding this contract you may call me at (909) 396 -3043 or Fax (909) 396 -3682. Sincerely, Michele 1 AB 2766 Contract Administrator '180,5 F.,W C plc\ Unv� Dianxmd Bar (alitoinia ') 1765 901)1/116 -247') or Nh -, 04.; fay 0 0 Contract No. AB2766/062 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AB 2766 /MSRC LOCAL GOVERNMENT SUBVENTION FUND MATCH PROGRAM CONTRACT WHEREAS, the parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD ") whose address is 21865 Copley Drive, Diamond Bar, California 91765, and the City of Newport Beach (hereinafter referred to as "CONTRACTOR ") whose address is 3300 Newport Boulevard, Newport Beach, California 92659. WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and pursuant to approval of the work program by AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the project described in Exhibit "A" (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR'S AB 2766 Local Government Subvention Match Program Application dated February 24, 1998. NOW THEREFORE, the Parties agree as follows: TERMS AND CONDITIONS OF PERFORMANCE 1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD's receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by 0 CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 3. TERM - The term of this Contract is from date of contract execution by both parties through completion of the project or July 31, 1999, whichever occurs first unless terminated earlier as provided for in Paragraph 4 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 31, 1999. Failure to meet this deadline will result in forfeiture of AB 2766 Discretionary Funds. Extensions to this deadline will not be granted. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. 4. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Exhibits "A" and "C" , this shall constitute a material breach of the Contract. The non - breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Paragraph 21 below, entitled - "Notices." Termination shall not be the exclusive remedy of the non - breaching party. The non - breaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the right to terminate this Contract for non - breach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for non - breach. 5. INSURANCE - CONTRACTOR is permissibly self- insured and will maintain self- insurance in accordance with applicable provisions of California law as evidenced by certificate of self - insurance provided to AQMD. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 6. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, employees, agents, representatives, and successors -in- interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors -in- interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 7. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Ninety One Thousand Five Hundred Fourteen Dollars ($91,514) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD's contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted 0 0 to: South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, CA 91765. Attn: Michele Stitzel. C. No funds shall be paid out to CONTRACTOR pursuant to this contract, until the project described in Exhibit "A" is completed and proof of completion is provided to AQMD. If the project described in Exhibit "A" is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a Final Report detailing the project goals and accomplishments, data collected during project performance, if any, documentation of significant results, and emissions reduction input data needed for calculation of emissions reductions. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed 25% of the total AB 2766 Subvention Funds applied to the project described in Exhibits "A ", "B ", and "C" of this Contract. F. If, at the completion of the Project described in Exhibit "A ", the actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Exhibit "B ", the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 25% of the actual AB 2766 Subvention Fund amount applied to the project. 8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 9. EMPLOYEES OF CONTRACTOR A. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 10. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with CONTRACTOR. 11. NON - DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et sea.), the Federal Civil Rights Act of 1964 (P.L. 88- 352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. E 0 12. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 13. NON - EFFECT OF WAIVER - CONTRACTOR'S or AQMD's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 14. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 15. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 16. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 17. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 18. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 19. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 20, PRE- CONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre- contract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 21. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U. S. Mail, postage prepaid, whichever is earlier. 0 AQ M D: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Attn: Michele Stitzel CONTRACTOR: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 Attn: David E. Niederhaus 0 22. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AQMD By. Nancy S. Covey (( Contracts Manager, South Coast AQMD Date: APPROVED AS TO FORM: Peter Greenwald, General Counsel IN (Name of City or County) (Name)vt 5 Mk�f'11� (Title) L�7 r °l+ +wla +tom By: (Name) (Title) Date: APPROVED AS TO FORM: Robin Clauson, City Attorney By:'u !l . 0 0 B.III. 1 TDBITA: PROJECT DFSCRIP'1'ION / STATEMENT OF WORK 1. Project Goals & Objectives The City of Newport Beach proposes to lease 17 electric passenger vehicles and to purchase and install 17 electric vehicle charging stations. 2. Scope of Work Task 1- Vehicle Procurement. The City will lease 17 EV's for a period of 3 years to evaluate the costs and feasibility of EV operations for local government entities. Task 2 - Charging Station Installation - The City will contract with a private contractor for the installation of 17 chargers. Task 3 - Vehicle Delivery, Testing, and Operation. The City will take delivery of 17 EV s, perform initial testing, and prepare to put the EV's into operation. Task 4 - Staff Training. City staff will train operators in the use of the EV's and charging stations. Task 5 - Interim Report Preparation and Submittal. Prepare an interim progress report on the operations and costs of operating a small EV fleet for submittal to MSRC. Task 6 - Project Management / Administration. City staff will manage the entire project, including procurement of charging station installation, cost accounting, and data collection. Task 7 - Final Report. Preparation and submittal of a detailed analysis of the costs and feasibility of EV municipal operations. 3. Project End Products and Deliverables a) Electric Vehicles - Lease 17 EV units by June 1, 1998 b) Interim Report - Mid - project (December 1998) c) Final Report - Two year final report (July 31,1999) r �.Rn A. Please provide the following information regarding project funding: What is your Current Unallocated AB 2766 Subvention Fund Balance? B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY 1. AB 2766 SUBVENTION FUNDS (existing unallocated funds) 2. AB 2766 SUBVENTION FUNDS FROM FY 1997 -98 3. MSRC DISCRETIONARY FUNDS REQUESTED 4. ADDITIONAL PROJECT CO- FUNDING 5. TOTAL PROJECT COST Is the MSRC match funding request less than or equal to 250% of the proposed AB 2766 Subvention Fund amount? Is the MSRC match funding request less than or equal to 2WD of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the total project cost, considering that MSRC match funds are available on a reimbursement -basis only? Does the applicant have sufficient funds available to cover ANY cost increases, considering that increases in MSRC match funding will not be available? $349,916 AMOUNT $286,058 $80,000 $91,514 none $457,572 YES NO X M X X C. Please list all funding sources other than AB 2766 Subvention or MSRC Discretionary Match funds: NON -AB 276&MSRC FUNDING SOURCE 1. Nave 2. 3. 4. TOTAL OTHER PROJECT CO- FUNDING: 2 AMOUNT $0 0 0 B.IV. eon't EXHIBITB: D. As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.): 1. Lease 12 electric vehicle sedans 2. Lease 5 electric vehicle station wagons 3. Purchase 17 charging stations 4. TOTAL CAPITAL EQUIPMENT COSTS: DIRECT LABOR COSTS: 1. City Manager 7 labor hrs. x $67.10/hr 2. General Services Director 60 labor hrs. x $52.45/hr 3. Assistant City Attorney 5 labor hrs. x $48.44/hr 4. Management Analyst 32 labor hrs. x $26.23/hr TOTAL DIRECT LABOR COSTS: OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1. Contract Installation of 17 electric Charging Stations 2. 3. 4. TOTAL OTHER DIRECT COSTS: ADMINISTRATIVE COSTS: TOTAL PROJECT COST: AMOUNT $209,064 86,200 64,111 $359,375 $469 $3,147 _ $242 $839 $93,500 $98,197 $457,572 Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. 3 • 0 BJV. EIIMIT C: PROJECrNULESTONESCHEDULE MILESTONE COMPLETION DATE Task 1 - Vehicle Procurement April 1998 Task 2 - Charging Stations Installation May 1998 Task 3 - Vehicle Delivery, Testing, Operation June 1998 Task 4 - Staff Training July 1998 Task 5 - Interim Report Preparation and Submittal December 1998 Task 6 - Project Management / Administration Continuous Task 7 - Final Report Preparation and Submittal July 31,1999 0 0 ORIGINAL PRIME CONTRACT THIS PRIME CONTRACT dated as of May 4, 1998 (Agreement) is entered into by and between EDISON EV and City of Newport Beach (OWNER) with respect to the electrical circuit, including the conductors, attachment plugs and all other fittings, devices, power outlets and/or apparatus for the electric vehicle charger(s) (if applicable), and related improvements (Project) to be constructed at Various Location -Newport Beach, CA . Inconsideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, EDISON EV and OWNER agree as follows: I. The Project. EDISON EV agrees to install, provide and construct the Project in accordance with the information set forth on the attached Proposal (Specifications) and all federal, state and local laws, ordinances, codes and regulations and orders of public authorities. OWNER acknowledges that EDISON EV intends to engage another or others (Subcontractor(s))to complete the Project. EDISON EV and its Subcontractor(s) will provide all construction, labor, materials, equipment, tools, vehicles, transportation, utilities and other items and services required for the proper execution and completion of the Project, whether temporary or permanent and whether or not incorporated as part of the Project (Work). EDISON EV and its Subcontractor(s) shall construct and complete the Project and the Work in a good, workmanlike and substantial manner and in accordance with industry standards. EDISON EV shall supervise and direct the Work using EDISON EV'S best skill and attention, and EDISON EV shall be responsible for and have control over construction means, methods, techniques, sequences and procedures involved in the Work, and for coordinating all portions of the Work. EDISON EV shall enforce strict discipline and good order among its employees, Subcontractor(s) and agents, including appropriate dress and courteous behavior towards owners, lessees, operators and the general public on or about the Project site(s). EDISON EV shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. EDISON EV and its Subcontractor(s) shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent injury or loss to, employees and other persons who may be at or about the Project site(s), the Project and the materials and equipment to be incorporated therein. 2. Completion Date. The Project shall be deemed completed on the earlier of (i) the date it is constructed and installed in accordance with the Specifications, industry standards and this Agreement and when the electric vehicle charger(s) installed thereon is(are) fully operational, and (ii) the date upon which OWNER executes a Notice of Acceptance agreeing that the Work has been completed and accepted by OWNER (Completion Date). EDISON EV agrees that the Completion Date shall be within 60 days of the date listed above. 3. Cost. OWNER will pay EDISON EV the sum of Fifty Eight Thousand Six Hundred Seventeen Dollars and Twelve Cents ($58,617.12) for the Work. Such payment, including payment for extra work commissioned pursuant to any Change Order(s), shall be due thirty (30) days after the Completion Date, unless altemative arrangements are made pursuant to a written agreement signed by both OWNER and EDISON EV. a. Extra Work and Additional Sites. The fixed price set forth above is full compensation to EDISON EV for the Work in accordance with the Specifications. Additional compensation shall only be paid to EDISON EV pursuant to a written Change Order or contractual agreement signed by OWNER and EDISON EV, which Change Order shall recite that the described work is a deviation from the original scope of Work, is extra and in addition to the Work described by the Specifications,and shall designate the additional amount to be paid to EDISON EV for such extra work. EDISON EV shall provide OWNER with prompt written notice if it contendsthat any services, labor or materials required by OWNER to be furnished by EDISON EV should be paid for as extra work. If such notice is not given, such services, labor and/or materials shall be deemed to be within the scope of the Specifications and no additional compensation shall be paid or payable to EDISON EV. Extra work shall be performed in accordance with the Change Order and this Agreement. In the event that OWNER desires to provide for the installation of additional electric vehicle charger(s) at the Site, or to designate additional sites for such installations, any such additionsto the scope of the Project and the compensation to be paid to EDISON EV shall be reflected in a Change Order (if before the Completion Date) and/or a separate contractual arrangement executed by EDISON EV and OWNER. b. Concealed Conditions. This Prime Contract is based solely on the observations EDISON EV was able to make regarding the Project site as of this date. If additional concealed conditions are discovered once the Work has commenced, which were not visible at the time of EDISON EV's bid, EDISON EV and/or its Subcontractor(s) will stop Work and notify OWNER of such concealed conditions to OWNER so that OWNER and EDISON EV can execute an appropriate Change Order. 4. Permits. OWNER shall cooperate in connection with obtaining the governmental approvals and permits necessary for the installation of the Project, including the prompt execution of such documents as may be deemed necessary by governmental authorities. 5. Insurance. a. Commercial General Liability Insurance. EDISON EV shall maintain occurrence version commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. b. Business Automobile Liability Insurance. EDISON EV shall maintain business automobile liability insurance with a combined single limit of not less than $1,000,000 per 0 occurrence. Such insurance shall include coverage for owned, hired and non -owned vehicles. c. Workers' Compensation Insurance. EDISON EV shall maintain workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than S 1,000,000 per occurrence. d. Other Requirements. EDISON EV shall place and maintain the insurance required herein only with insurers licensedto do business in Cal iforniaand having an A.M. Best rating of no less than A:Vlll. Such insurance shall not be canceled, reduced or allowed to expire without the prior written approval of OWNER. 6. Matching Existing Finishes. Where the Work involves the matching of existing finishes or materials, EDISON EV and its Subcontractor(s)shall use best efforts to provide such a match. However, OWNER acknowledges that an exact match is not guaranteed by EDISON EV or its Subcontractor(s) due to such factors as discoloration due to aging, difference in dye lots, and the difficulty of exactly matching certain finishes, materials, colors and planes. 7. Indemnification. EDISON EV agrees to indemnify, defend and hold harmless OWNER from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attorneys' fees and costs), arising from EDISON EV's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non - performance by EDISON EV of any of its obligations hereunder. OWNER agrees to indemnify, defend and hold harmless EDISON EV from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attomeys' fees and costs), arising from OWNER's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non - performance by OWNER of any of its obligations hereunder. 8. Work Stoppage, Termination of Agreement for Default and Interest. EDISON EV shall have the right to stop all Work on the Project if payments are not made to EDISON EV in accordance with the terms of this Agreement, or such other written payment agreement as may be executed by EDISON EV and OWNER, or if OWNER repeatedly fails or refuses to furnish EDISON EV or its Subcontractor(s) with access to the Site or information necessary for the advancement of the Work. Simultaneous with any work stoppage, EDISON EV shall give OWNER written notice of the nature of OWNER's default and shall give OWNER a fourteen (14) day period in which to cure the default specified. 9. Warranty. No warranty is provided by EDISON EV on any materials furnished by OWNER for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by EDISON EV or its Subcontractor(s) at the Site (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). r-1 L-A 10. Miscellaneous. This Agreement (a) shall be construed and enforced in accordance with California law, (b) contains the final agreement between the parties relating to the subject matter hereof and (c) may only be amended, extended or modified in a writing executed by EDISON EV and OWNER. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any such waiver operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof of any other right, power or privilege hereunder. If any parry commences an action against the other party arising out of or in connection with this Agreement, whether or not pursued tojudgment, the prevailing party in such action shall be entitled to have and recover from the other parry actual attorneys' fees and costs. The headings used in this Agreement are for purposes of reference only and shall not be used for limiting or interpretingthe meaning of any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Prime Contract as of the date and year herein above written. EDISON EV State Contractor's License #: 722391 By: s (� Printed Name: Enid P. Joffe Title: Manager, Charging lnfrastructure Date: b- k kl Owner: City of Newport Beach Various Location By: <L Printed Name: Kevin J. Murphy Title: City Manager Date: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacram 9 826. AP D 0 FORikt� 3� City Attorney - , 0 SPECIFICATIONS: 0 a) Cost Summary Sheet b) Sub - Metering Information c) Edison EV Non - Residential Installation Proposal d) Scope of Work e) Layout Drawing F) Single Line Diagram g) Equipment Warranty h) Installation Warranty 0 � Y O C Y L L z� O a m�E y >1 U x U 0 � Y L L a m�E Y Q. U N u W o N E O a+ L [-Fw M V �N1 yn •E �1n1 �/ fd � •� Y U y 'tl u N N N v = E u 0. x w � u v F � C C N V M V m o o N ri O O� V1 00 C N 0 0 00 as H • 0 as x " i yr fi c m a 1-0i a a �;, o U u C v C O g E N ~ a u z u 00 00 T D 10 N N N ca) N N O 0. E = O zzzzz O O O Lid 0 a a f/1 a N N rn C13 Q) r rn U ld LU t O V O O - 7 = O U d O X t F- (XI) 0 d r N C w U O O E o E0 V n L L erF- LU N 0 0 City of Newport Beach Installation Estimates for Proposed Fleet of Honda and Toyota Vehicles Sub - Metering The attached estimates call for the installation of ICS 200 -A conductive Electric Vehicle Connecting Devices (EVCD's) manufactured by Electric Vehicle Infrastructure, Inc. (EVI). These machines contain a feature called a Watchdog System (see attached data sheets) which provides historic data collection including power consumption information. In effect, this feature serves as an on- board, client sub - meter. Consequently, the City of Newport Beach is able to utilize the existing features of these EVCD's to measure electricity usage. No additional equipment or cost is required to accomplish this task. The purpose of the ICS -200 is to provide the EV user General Specifications with a safe and manageable link between the power Service Entrance: gnd and the EV. Electric power is the fuel for EV's and 208/240V 60 am single hale, 3 -wire, with round the ICS -200 Power Station is designed to safely manage P g P 8 the distribution of this new fuel. Dimensions: Primary functions include the support of: • Multiple levels of safety for the customer, the EV, and the equipment • Automatic load shifting to off -peak hours and demand charging • Long term durability Industry standard compliance, including SAE, UL, FCC, and NEC. The ICS -200's unique voice announcer puts the user at ease with its "plug in/walkaway ", no hassle, trouble free, operation. There is no need to read directions, ... it does it automatically. There is no need to be concerned with trying to determine if it is in the off -peak mode for optimized utility charge cycle costs, ... it does it auto- matically. There is no diagnostics for the user to per- form, ... it does it automatically. There is no need to check if the connection is made properly, ... it does it automaticall y. This is the ICS -200 concept! It is a friendly, walkaway, and "forget it" unit that will alert you at the first sign of trouble. The ICS-200 Power Station is a microcomputer - controlled unit built with the modem user in mind. It is simple, elegant, and robust enough to handle any of today s needs. Electric Vehicle Infrastructure, Inc. provides market driven, performance proven products. EVI provides the user with an easy to use, attractive, and unquestionably safe station. Each is engineered to meet a variety of commercial and consumer requirements. EVI's adapt- ability assures the flexibility necessary to follow market evolution and growth. It is the kind of corporate philosophy that will allow EVI to remain as competitive and versatile as the market demands. • • • 0 • • • ELECTRIC VEHICLE INFRASTRUCTURE, INC. 11839 INDUSTRIAL COURT - AUBURN, CALIFORNIA 95603 (916) 823 -8077 - FAx: (916) 823-0857 (800#) (888) 823-8077 - E -MAIL: MOROS @EVII.COM 18 "W x 12 "H x 8 "D — NEMA 4R Construction Operating Temperatures: -22 °F ( -30 °C) - +122 °F ( +50 °C) Weight: Color. 21 lbs. Almond texture Warranty period: 1 year labor / 3 year parts warranty UL LISTING and FCC Certification Pending Features SAE J -1772 COMPLIANT VOICE ANNOUNCER: Simple user friendly voice interface UL 2231 - PERSONAL PROTECTION SYSTEM: Ground fault protection with automatic re- closure, no manual testing. (patent pending) COLD LOAD PICKUP: Time delayed and randomized re- energizing following power outages EXHAUST FAN CONTROLS: Energizes exhaust fan when vehicle requires it PRECONDITIONING: Thermal regulation of battery pack and cabin condition- ing without charging batteries WATCHDOG SYSTEM: Historic data collection, i.e.: counting contactor closures, logging the most recent errors, and power information GROUND MONITORING CIRCUIT: Constantly checking for presence of proper safety ground CONTACTOR MONITORING CIRCUIT: Constantly checking contacts for early signs of failure FIELD INSTALLATION & CONFIGURATION SYSIEM: ( "FICS'I Service installation software interface for re- programmability PORTABLE ELECTRONIC TESTER: ( "PET ") For field inspection testing and complete diagnostics at start -up HARDWARE EXPANSION CAPABILITY: To add future needs in a changing market such as UL 2293 Data Communications. No need to replace the present unit ... just add a module! Options PULL -FREE CABLING SYSTEMS EXCESSIVE STRAIN DETECTION (NEC 625 -19) ELECTRONIC SECURITY LOCK SYSTEM REMOTE INTELLIGENT CONSOLE - ( -RIC ") CE -BUS COMMUNICATIONS INTERFACE BILLING SYSTEMS U Va ICS -200 User's Guide SPECIFICATIONS Input Power - Service Entrance Voltage R wring Current Frequency Output Power Power Dimensions Height Width Depth Charge Connector Cable Length Weight Environment Operating Temperature Indoor Outdoor NEMA Rating Agency Approvals Color Warranty period 240 VAC single -phase -LI, L2, Neutral and Safety Ground 208 3- phase, Y- connected - Any 2 phases, Neutral and Ground 208 VAC 3- phase, Delta- connected. With center- tap on one leg, must use only the two phases on either side of the center -tap. The two phases must both measure 120 VAC to Neutral. The neutral must be connected to Safety Ground somewhere in the system on either 3 -phase connection. 40 amp, 32 amp continuous typical, 60 amp max, 48 amp continuous optional Main panel circuit breaker: 40 A typical. 60 A max, optional Dependent upon vehicle type 60 hz Variable depending on vehicle (currently vehicles do not exceed 6.6 KW and 32 A current draw) 304 mm (12 in) 457 mm (18 in) 203 mm (8 in) approximately 6.5 m (20 ft) 19 kg (42 lb) -30 °C ( -22 °F) 150 °C ( +122 °F) Yes Yes Type 4 UL Listed, FCC Class B Almond texture, powder coat 3 year labor/ 3 years parts 17 1M.a )I ��J-E 0I 50 N E V . • ..., .n „P. ,.. a ......�.., 01 NO - a • . • a 97NO0287 Rev 3 _�.,o EEV Salesperson: Jenny Trinidad (213) 452.4623 Scheduled Visit Date: Visit Timis: EEV Project Manager. Bruce Colbum Phone (213) 452-4631 111 ctual Visit Dab: 08- Apr -98 Visit Time: 0830 him EEV Sponsor. Peter Michalski Phone: (213) 452-4628 Date Estimate Returned to EEV: 15- Apr -98 Type of Project Fleet 1) project Location and Customer Contact Information Corporate Contact: David Niederhouse 714-644 -3055 ) Installation Evaluation N /r4 Phor•Nnbv Company: City of Newport Beach Utility Providing Power. SCE wine FacanNe N1nxw Site Contact: Herb WUlerman 714 - 718 -3406 Utility Power From Transformer /Pole #: Pl prn N✓ Ov Title / Function: F.nmie WO Step Down Transformer: Y / N Rating in kVA: Site Address: Step Down Voltage: Nurse. wew era u,a Orange CA From TO fay County #fete Zr Region: 1 Site Description: Fire Department HQ (Two Avcons) Trenching: _Y / N 20 tin ft /iii iiii iiii i ii my /vi ii i ii i ii i iii u i o in / v in vn /n n u n iv i m m � v iv i v un u v v i u o v v iv v v v vi iiiv ii iv v in o v iv a ii u Billing Contact: TBD Conng: Y / N .. tin It Pliwe N,xrMw Title / Function: Above Grade Conduit: Y / N lin It Fectunb Nunbw Billing Address: Poured Foundation: _Y / N Meter Pedestal/Main: Y / N Nu .. Srtet ant UN Orange CA Re -Work Existing Pane: Y / N Custom Wheel Stops: Y / N New Panel: Wall Bracket: Y / N Y / N CRY coa*r srwe zip 2) Key Project Information Associated With Car: Y / N OEM Contact: Subsidized: Y / N Vehicle Type: Honda Inductive Precast Base: Y / N_ Signage:Y / N Customer P.O.Number. Release # Client Insurance Requirement: Y / N Amount: $ Dual Meter Adaptor. Y / N Timer. Y / N_ Client Engineered Drawing Review: Y / 'N; Who Property Owner Approval Required: Y / N Conductive Pedestal: Y / N Local Facility Manager (9 not Site Contact Above) Will Approve Installation Y / 'N (If "Yes” Then Person Who WIl Be Present at Site Visit) Panel Number: Meter Number Recent Construction History r Current Construction at Site: Y / N - ninrovoii /. /unmuivniivui000vimvnniiii ivvuvvvuvivvivuvvvvivvivunvvvvunuioivvn 3) Contractor Information Future Circuits Company Name: Selectncel Co. License #: 689887 No. of Additional 208 /240 Volt Amp Circuits: Telephone: 714- 899-1377 Facsimile: 714- 899 -1379 No of Additional 120 Volt Amp Circuits: Contractor Principal: Rue Phillips Conduit Y / N' Footing Y / N_, Wire Y Breaker Y / N / N- 4) Materials Quantity Inductive WM Chargers Inductive FM Chargers 7) Cost Summary Conductive EVSE (EVI MCS 100-3 Unit) - Conductive EVSE (EVI ICS 200A Unit) 2 Equipment $ 1,774.05 Pedestals for Conductive Units 2 Avoon Cable/Connector - Bulk Matenal $ 1,449.20 Pre -Cast Bases for Inductive FM Chargers - Brackets for Inductive WM Chargers - Install Labor $ 3,83400 Custom Wheel Stops 2 Timers - Subcontractor $ 54625 Signs 2 Engineering 8 Design $ 31625 6) Additional Information / Attachments Total work days - from Mobilization to Final Inspection: 6.0 Plan check required: `Y, / N Permits $ - Work scope - written description is attached: Y / N Sketch (plan view - 8.5"x11") of installation is attached: '-Y-. / N Applicable Taxes $ 389.48 Stated exceptions are attached: Y / IN, Bid is valid for sixty days: �Y' / N Total Bid $ 8,309.23 8) Comments The equipment costs have been reduced by the amount of the Honda charger subsidy. Subper to the afteohed Pnme Canvas and terms merein, exewted by Owner arM Edison EV. Edison EV Edison EV Signature hereby gears to perform me V des bed above bv me Rlted pnCe indKAled Owners signature on the aaarhed Prime Contrail ativwwiedges Edison EVs Pmposat ww acoapts Edison EV s Deer to pelfonn the VJOrk M tln above pnr<. Date. EEV Form 302 (Rev 18 10/1697) • Scope of Work • City of Newport Beach Fire Department HQ #97N00287 Rev. 3 General Edison EV's electrical contractor (Selectrical Co.) will install two conductive EV charging units (both Avcons) in the Fire Department parking area near the entrance to the HQ building as shown in the attached sketch. The chargers will be powered via a pre - installed 208 V. 40 A circuit. 1) The contractor will sawcut and trench approximately twenty feet from the underground vault to the charger locations. All excavated surfaces will be made good at backfill. 2) A dedicated NM3R, 120 V, 20 A convenience outlet will be installed in one of the two stalls (see sketch for location.) 3) The EV parking stalls will be re- striped with a non oil -based green paint. 4) Two EV signs will be installed, one per charger. 5) Two custom wheelstops will be installed, one per stall. 6) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 7) The work area will be cleaned daily. OSHA regulations will be enforced. 8) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 9) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 10) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. F K N M� T 0. x a, V 0 F Z z O 44 V n ro 0 0 z A M1 N O Z M1 P n 0 m `o i z o` U 6 , V F s fi U u m S� za om t�V z g g� �o ! °o i7 i�\ 0 \WP tt� s" 6 O P C 4 9 a x �a a J y ' Y E 6 P 4 n 'o m P Y to ati 3q Z N O 0 2 >M1 UP • U U w w L7 L7 w w Q Q 1] 0 VN D i n O O L1 O r N U M u - V O] e NUS ovo u T - '� Q W� w» W N w e N � �6 W wU w - vVi Q 0 E 1 S O N EV . . . - . - n 9 '2:!l1TOnn . a�n . • ... 97NO0288 Rev 2 EEV Salesperson: Jenny Trinidad (213) 452.4623 Scheduled Visit Data: Matt Time: EEV Project Manager Bruce Colbum Phone: (213) 452.4631 Actual Visit Date: 08- Apr -98 Visit Time: 0830 him EEV Sponsor: Peter Michalski Phone: (213) 452 -4628 Data Estimate Retuned to EEV: 15- Apr -98 Type of Project Fleet t) Project Location and Customer Contact Information Corporate Contact: David Niedemouse 714 - 644-3055 6) Installation Evaluation N.1 rae prom Nurer Company: City of Newport Beach Utility Providing Power: SCE Name Fxsmie Nunpty Site Contact. Herb Weisman 714- 718.3406 Utility Power From Transformer I Pole 1'. 5191319 FTwro Nvr{ar Title / Function: Facsxrub males Step Down Transformer: Y / N Rating in kVA: 45 Site Address: Corporation Yard Step Down Voltage'. Nurroar, snow and W Orange CA From: 480 To: 120/208 c4r cos smro zm Region i Site Description: Corp Yard. location 1 (4 EVCD's. 2 Avcon and 2 Yazaki) Trenching: -Y / N - 25 lin it nmiizniioinnun ioiniivionmiviv. vivvivi/ viiiv/ nnnvnviv /nvuiiinniiwivmunvunnvoviuvvi Billing Contact TBD Coring. Y / N_ lin It piwp NurY Title I Function: Above Grade Conduit : Y / N 80 hn ft Fats Nu Billing Address: Poured Foundation: Y / N Meter Pedestal /Main. X / N NuMxI. S4eer and U M Orange CA Re -Work Existing Panel: .Y / N Custom Vyheel Stops: Y / N New Panel: Wall Bracket: >? / N y / N cry covey sued zip 21 Key Project Information Associated Wth Car: 1 / N OEM Contact: Subsidized! .Y / N Vehicle Type'. Hondafroyota Inductive Precast Base: Y / N Signage: Y / N Customer P.O.Number: Release a Client Insurance Requirement: Y / N Amount: S - Dual Meter Adaptor Y / N. Timer; Y / N_ Client Engineered Drawing Review: Y / N Who Property Owner Approval Required. Y / N Conductive Pedestal: Y / N Local Facility Manager (it not Site Contact Above) Will Approve Installation Y / N (If "Yes" Then Person Who Will Be Present at Site Visit) Panel Number. Meter Number: Recent Construction History / Current Construction at Site: Y / N 3) Contactor Information Cimuffsiiii Future Circuits Company Name: SelecMcal Co. License 0: 689887 No. of Additional 208/240 Vol[ Amp Circuits: Telephone: 714 - 899.1377 Facsimile: 714 - 899 -1379 No. of Additional 120 Volt Amp Circuits: Contractor Principal: Rue Phillips Conduit Y / N Footing Y / N Wire Breaker Y / N Y / N_ 4) Materials Quantity Inductive WM Chargers Inductive FM Chargers 7) Cost Summary Conductive EVSE (EVI MCS 100 -3 Unit) Conductive EVSE (EVI ICS 200A Unit) 2 Equipment $ 6,642.31 Pedestals for Conductive Units Avcen Cable/Connector - Bulk Material $ 1,430.78 Pre -Cast Bases for Inductive FM Chargers - Brackets for Inductive WM Chargers - Install Labor $ 2,764.50 Custom Wheel Stops 4 Timers - Subcontractor $ 575.00 Signs 4 Engineering 8 Design $ 316.25 6) Additional Information / Attachments Total work days - from Mobilization to Final Inspection: 7 0 Plan check required: , V / N Permits $ - Work scope - written description is attached: V, / N Sketch (plan view - B, 5"x11') of installation is attached: .Y.: / N Applicable Taxes $ 768.67 Stated exceptions are attached: Y / N Bid is valid for sixty days: Y; / N Total Bid $ 12,497.51 5) Comments Equipment casts have been reduced by the amount of the Honda charger subsidy EVCD's are yovided with Toyota vahrolas. Soyecs m the enaened Pone Conran and mans true in, exemed by O. and Edson EV. Edison EV Edison EV Suratwe hereby offers m perform are, Work desUbed above far the *.ad pnce xd isated. Owners sgnatuni on the s attached Prima Convert aWnoNedBes Edison EV, Proppsel and euapu Edison EV, offer to perform Me vron in bo the ave price. Dae: - n EEV Form 302 (Rev 18'. 102657) • Scope of Work • City of Newport Beach Corporation Yard, Location 1 Four EVCD's (For Hondas and Toyotas) #97N00288 Rev. 2 General Edison EV's electrical contractor (Selectrical Co.) will install four conductive EV charging units (two with Avcon connectors, two with Yazaki connectors) on the wall shown in the attached sketch. Each charger will be powered via a dedicated 40 A, 208 V circuit. 1) Power for the chargers will derive from an adjacent SCE utility transformer ( #5191319). Voltage will be dropped to the desired level via a 45kVA, 480 V -P/208 V -S, 3P, 4W stepdown transformer. The transformer and its required meter pedestal will be located next to the existing utility transformer. Dedicated charger branch circuits will derive from a 100 A, 120/208 V, NM3R load center which will be conveniently mounted to allow for indivual charger disconnect and service. 2) A City specified, Stainless Steel Meyers utility metering device will be installed on a reinforced, poured concrete pad. 3) Raceways containing EV charger circuits will be run surface mounted on the planter side of the wall (the side opposite the chargers.) All negative, visual impacts of the surface mounted conduit will be kept to the minimum. 4) Parking stalls will be re- striped with a non -oil based green paint. One stall will be made van accessible and will include an unloading zone on the passenger side of the vehicle. 5) Four EV signs will be installed, one per charger. 6) Four custom wheelstops will be installed, one per stall. 7) A dedicated NM3R, 120 V, 20 A convenience outlet will be installed in two of the EV parking stalls. See sketch for install locations. 8) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 9) The work area will be cleaned daily. OSHA regulations will be enforced. 10) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 11) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 12) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. 0 0 0 f n� o' m'. f z 0 0 e `n r e 0 w �s 0 A iOm N � C O YJZ m 4 N qm MIS r 2 O w • • U w w Q w U A EV • • •- _ • •• _ 97NOO293 Rev sslasP .: "4 ti •^ ~ Jenny Trinidad (213) 4524623 Scheduled VISK Date: Visit Time: Project Manager. Bruce Colbum Phone: (213) 452 -4631 Actual Visit Dab: 08 -Apr-98 VISR Tlme: 0830 him Sponsor: Peter Michalski Phonc (213) 452 -4628 Dab Estimate Returned to EEV: 15- Apr -98 roject Location and Customer Contact Information Type of Project Feel Contact: David Niederhouse 714 -644 -3055 6) Installation Evaluat Nimr /TYb Mne NurlW City of Newport Beach Utility Providing Power: N. Fxamb NurNa' SCE Contact: Herb Wollerman 714-718 -3406 Utility Power From Transformer / Pole M PR ie Nu�Nx Function: Fxs Ni Step Down Transformer: Y / Al Address mx x. se ,." Step Down Voltage: Orange CA From: Rating in kVA: To cly coxxy suro zP Region 1 Site Description: Garage stall at the Utilities Yard. One EVCD, a Yazaki Trenching: Y / N In It Billing Contact: TBD Coring: Y / N lin It Associated With Car: Y / N OEM Contact : Rwp N✓rCS 7) Cost Summary ctive EVSE (EVI MCS 100-3 Unit) Subsidized: Y. / N Vehicle Type: Toyota Inductive Precast Base: TNe / Function: N_., Slgnage: Customer P_O. Number : Release e Above Grade Conduit: Y_ / N 50 lin ft Client Insurance Requirement Y / N Amount: $ Fxsnrvb NvnEx Y / N' Timer: Client Engineered Drawing Review: Y / N: Who: 28.08 Billing Address: - Property Owner Approval Required: Y / N. Poured Foundation: Y / N_ Meter Pedestal/Main: NwrMer. SbeM aM IAY (If "Yes' Then Person Who Will Be Present at Site Visit) Panel Number: PGA Orange CA Recent Construction History / Current Construction at Site Y / N Re -Work Existing Panel. Y / N New Panel: CO cowxe V.. ZP v i i i ii ii in o o in r n i v io v vi n i m ov in v m. 3) Contractor Information 2) Key Project Information Company Name: Selectricel Co. License e: 689887 No of Additional 208/240 Volt Custom Wheel Stops: Y / N Wall Bracket: Associated With Car: Y / N OEM Contact : - 7) Cost Summary ctive EVSE (EVI MCS 100-3 Unit) Subsidized: Y. / N Vehicle Type: Toyota Inductive Precast Base: Y / N_., Slgnage: Customer P_O. Number : Release e als for Conductive Units - - Client Insurance Requirement Y / N Amount: $ Dual Meter Adaptor. Y / N' Timer: Client Engineered Drawing Review: Y / N: Who: 28.08 Is for Inductive WM Chargers - Property Owner Approval Required: Y / N. Conductive Pedestal. Y / N Local Facility Manager (y not Site Contact Above) Will Approve Installation Y / N (If "Yes' Then Person Who Will Be Present at Site Visit) Panel Number: PGA Meter Number: Recent Construction History / Current Construction at Site Y / N v v ummv v uv vi / i ......... i i i of i v i i i ii ii in o o in r n i v io v vi n i m ov in v m. 3) Contractor Information Future Circuits Company Name: Selectricel Co. License e: 689887 No of Additional 208/240 Volt Amp Circuits'. Telephone: 714- 899 -1377 Facsimile'. 714- 8931379 No. of Additional 120 Volt Amp Circuits Contractor Principal: Rue Phillips Conduit Y / N Wire 4) Materials Quantity Footing Y / N Breaker ve WM Chargers ve FM Chargers - 7) Cost Summary ctive EVSE (EVI MCS 100-3 Unit) - Permits chve EVSE (EVI ICS 200A Unit) - Equipment als for Conductive Units - - CablwConnector - Bulk Material Ist Bases for Inductive FM Chargers $ 28.08 Is for Inductive WM Chargers - Install Labor n Wheel Stops - Subcontractor Itional Information / Attachments Engineering 8 Design Total work days - from Mobilization to Final Inspection'. 2.0 Plan check required: V / -N' Permits Work scope - written description is attached: Y / N 26646 Sketch (plan view - 8.5 "x11 ") of installation is attached: -Y� / N Applicable Taxes Stated exceptions are attached: Y / Nom. - Bid Is valid for sixty days: V / N Total Bid 6ubtect to iM attactied Prime Contract aM terms therein, exealed by Owner and Ed,. EV, Edison EV Edison EV Signature. ) ✓� hereby oeera to podoen aw Work desmbed atxwe for the fixed once iMxated Deniers senature on the aaaotu d Prime Contract eUno ledges Edison EV, P 000sal and! accepts Edison EVS oeer N pxf xm _ y^ ms wxk at M o e above re Date C� Y / N. Y / N Y / N Y / N Y / N Y / N'' Y / N' $ 95.88 $ 26646 $ 483.00 a - S 86.25 a - $ 28.08 S 959.66 EEV Form W2 (Rev 18: 1026197) • Scope of Work • City of Newport Beach Utilities Yard One EVCD (For a Toyota) #97N00293 Rev. 1 General Edison EV's electrical contractor (Selectrical Co.) will install one conductive EV charging unit, a Yazaki, on the wall of a garage stall as shown in the attached sketch. The charger will be powered from panel PGA via a dedicated 40 A. 208 V circuit. 1) Panel PGA is located in an adjacent stall. Surface mounted conduit runs about fifty lineal feet to the EVCD location. 2) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 3) The work area will be cleaned daily. OSHA regulations will be enforced. 4) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 5) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 6) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. P n p0 z r a w a e 5� 0 x� Oq e 04 p� U W • 0 V W .n 0 • • M r � r a o� y5V Q F � O �a o� w 0 V m O H EDISON EV Salesperson .. �.o..� "..,. Jenny Trinidad Project Manager. Bruce Colbum Sponsor. Peter Michalski orate Contact: David Niederhouse Name I nas pany: City of Newport Beach N.m. Contact: Herb Wollerman / Function: Address: • • • • • • • 98NO0266 Rev 2 (213) 4524623 Scheduled Visit Date: Visit 71m•: Phone: (213) 4524631 Actual VI•R Date- 08- Apr -98 VI•tt Time: 0830 him Phone; (213) 4524628 Date Estimate Returned to EEV: 15- Apr -98 on Type of Project Fleet 714 -644 -3055 61 Installation Evaluation flea ro Mnpr Utility Providing Power: SCE FxseNV Nwres 714 - 718 -3406 UWity Power From Transformer / Pole 0: Plea wxroer Fwwma Nuron Slap Down Transformer. Y / N Rating in )VA Step Down Voltage: Orange CA From: To: ( CRY CowYy Sate 2P License p: 689887 5.762.25 No. of Additional 208240 Volt _ Ragwn 1 714 - 899 -1377 Facsimile: 714899 -1379 to Description: City Hall Employee Parking - Base Bid (2 Avcons. 2 Yazakis) Trenching: Y / N Rue Phillips Install Labor Iling Contact: TED ) Materials Coring: Y / Al -. FYio'ro NwMS Subcontractor Us / Function: 3,967.50 Above Grade Conduit Y / N S F.—* N b 0 Iling Address. Poured Foundation: v / N Numer. weer va uir $ - Y./ N Orange CA Re -Work Existing Panel: �Y / N Goy LowXY VW. LG 848.16 Y f N. Key Project Information Custom Wheel Stops: Y / N ssociated With Car. Y / 'N OEM Contact: 19,710.59 Subsidized: . Y. / N Vehicle Type: Honda7Toyota Inductive Precast Base y / N Customer P.O Number: Release!! liens Insurance Requirement: Y / N Amount: $ Bent Engineered Drawing Review: Y / N Who: roperty Owner Approval Required: Y / N lcal Facility Manager (if not Site Contact Above) Will Approve Installation (if "Yes" Then Person Who Will Be Present at Site Visit) _ scent Construction History / Current Construction at Site Dual Meter Adaptor. y / N Conductive Pedestal: y / N Y / N Panel Number: Y / N' Company Name: Selectriral Co. License p: 689887 5.762.25 No. of Additional 208240 Volt _ Telephone: 714 - 899 -1377 Facsimile: 714899 -1379 No. of Additional 120 Volt Contractor Principal: Rue Phillips Install Labor Conduit y / N ) Materials 4 Quantity I Footing Y / N ve WM Chargers ve FM Chargers :tive EVSE (EV MCS 100-3 Unit) five EVSE (EVI ICS 200A Unit) als for Conductive Units Cable/Connector at Bases for Inductive FM Chargers is for Inducbve WM Chargers 1 Wheel Stops Total work days - from Mobilization to Final Inspection: Plan check required: Work scope - written description is attached: Sketch (plan view - 8.5 "x11 ") of installation is attached: Stated exceptions are attached: Bid is valid for sixty days: 230 lin h lin it 5 fin it Meter Pedestal/Main: -Y I N New Panel: Y / N Wall Bracket Y I N Signage: Y. / N Timer: y / N Meter Number. Amp Circuits: Amp Circuits: _ Wire y / N Breaker Y / N 2 Equipment $ 5.762.25 4 Bulk Material S 3.392.55 Install Labor S 5,423.88 4 Subcontractor $ 3,967.50 4 Engineering S Design S 316.25 0 Y. f N Permits $ - Y./ N N Applicable Taxes $ 848.16 Y f N. Y / N Total Bid $ 19,710.59 F w eye vfisot od Prime C Tract and leans enrein. ex.WW by ONner and Edison EV, Edam EV Edison EV Signature oeers to Pedann IM V desvibed above W ew fixed Pnce indicated. Owners Wnmum on tat d Prim. Conned ar sdk,es Edison EVS Pro osat and a.,e Edison EVS offer ro W. k m the above pnra Data. EEV Form 302 (Rev 18 IO12W97) • Scope of Work • City of Newport Beach City Hall Employee Parking #98NOO266 Base Bid: Four EVCD's Rev. 2 General Edison EV's electrical contractor (Selectrical Co.) will install four conductive EV charging units (two with Avcon connectors, two with Yazaki connectors) in the area shown in the attached sketch. Each charger will be powered via a dedicated 40 A, 208 V circuit. 1) The charger circuits will derive from a newly installed NM3R, 100 A, 120/208 V, 3- phase, 4 -wire, EV panel load center located on the wall adjacent to the chargers. The EV panel will be powered via a specified stainless steel, Myers, dual meter pedestal which will replace a single meter pedestal at the same location. All existing circuits will be maintained. Dedicated branch circuits will derive from the load center which will be positioned to allow for indivual charger disconnect and service. 2) The Myers metering device will be installed on a poured, reinforced concrete pad which is adjacent to the existing SCE utility transformer. 3) Raceways containing EV charger circuits will be run underground. All roadwork and trenching will be made good upon backfill. Plants within the planter will be replaced by the City of Newport Beach. 4) Parking stalls will be re- striped with a non -oil based green paint. 6) Four EV signs will be installed, one per charger. 6) Four custom wheelstops will be installed, one per stall. 7) All four EVCD's will be pedestal mounted. Two of the pedestals will carry a 120 V. 20 A convenience outlet (see sketch for locations.). 8) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 9) The work area will be cleaned daily. OSHA regulations will be enforced. 10) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 11) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 12) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. • /ND /[PTE• Lcc 7n�cwL t�W4tP =� 10, b Vr Q30e` 60v t9 / Q woe l �4 \ �ew- y \\ /.(/STAN All 4 IT4A d• 1 To ;.sL 2/O /+✓t TALL CO•Jir/ /T Odjzz 1430C vv d� \ �Itr� &I <K y OV JYV QYV J2QU 2 O i Fn O �e o�g5 rYQ ^ W J �f � 9' u v m0 Il3o 111Z Ij!' Y7 � p• m y F / /LC FAD Pa/N7 0 � V V Auc r Q/N% /uTEs /J�jKC G V. F n Z p H mZi 4 13' w V� F O 9 tt LV 0 Auc r Q/N% /uTEs /J�jKC G V. n Z p H mZi 4 13' w V� F O 9 N 4 c N 4 4 J c4 L M CD �o Y ❑N O a L N^ O a m e c C J u G O W y R 4 4 U C w q C CA 5° t O N co �yQ O ? z 20 O a N V w° k U N i r 0 n 0 C m x Y M i K N m x p M G U� � C5 mm m a U U N d R o Q Q N o 0 i t t V O N Q d m 9 N 1 a 0 c C7 0 x W � y U M I QMU N Z U' m� x Mm U o M Y M NZ • EOISON EV . • •- . •.. 98NO0267 Rev1 �eJao •nrew w a�na � "...H r W Salesperson: Jenny Trinidad (213) 4524623 Scheduled Matt Date: Visit Tim•: W Mn Project Manager Bruce Colbum Phone: (213) 4524631 Actual • Data: 08- Apr -98 Malt Time. 0830 him W sponsor. Peter Michalski Phone: (213) 4524628 Data Estimate Returned to EEV: 15- Apr -98 Protect Location and Customer Contact information Type of Project Fleet orate Contact: David Niedemouse 714 -644 -3055 6) Installation Evaluation Name r ns, mwr Nunaw Honda parry: City of Newport Beach Y / H Utility Providing Power. SCE Name Fe[rn✓b NivriOer - ✓%%riled: s Well Contact: Herb Wollerman 714 - 718- 34////////////////////// 714 -718 -3406 Utility Power From Transformer/ Pole If Subcontractor p Nu Mar / Function. Conductive Pedestal: Y / N_ PasnW Nmaw Step Down Trans(ortner. Y / N' Rating in kVA, Address: (If "Yes' Then Person Who Will Be Present at Site Visit) N... weer ww J. Meter Number: Step Down Voltage: Orange CA From: To: e4Y Louvny SAW, zP Region: 1 Description: SSE front of Marine Department beach HO: one Avcon Trenching: Y / N' uv in ruimiv iv / v v r o o iv i v u i o v v n v i i v i i i v i v i i i i v i vi i i v v i i i v i i i v m i u i i i i v i v i v i n i n i i ii i i i u i i i i i i n v i u r a i ig Contact: TBD Coring: Y / N /Function: N fte,, so-eIN eM" M NWr✓M' Fessme ..ror Above Grade Conduct: Y / N Poured Foundation: Y / N Re Work Existing Panel: Honda Custom Wheel Stops: Y / H [in it 1 tin it 40 lin it Meter Pedestal/Main New Panel: Wail Bracket: ssociated With Car: Y / N OEM Contact: 7) Cost Summary :cave EVSE (EVI MCS 100-3 Unit) Permits Subsidized: Y / N Vehicle Type: Honda Inductive Precast Base: Y / N_ . Signage: Customer P.O.Number: Release 0 Bulk Material at Bases for Inductive FM Chargers - - 'lienl Insurance Requirement: Y / N -' Amount: s Dual Meter Adaptor Y / N Timer, lienl Engineered Drawing Review: Y / N. Who: Subcontractor 1 roperty Owner Approval Required: Y / N Conductive Pedestal: Y / N_ ocal Facility Manager (if not Site Contact Above) Will Approve Installation Y / N (If "Yes' Then Person Who Will Be Present at Site Visit) Panel Number: -A" Meter Number: '.exam Construction History ✓ Current Constuction at Site: Y / N w v iv ii v ii o f ii i i u i r i i i u i e v v i n i w i i v ii ii vii i ii F i r i t ii u i v rv. ) Contractor Information tt ure C i t Future Circuits Company Name. Selectricel Co. License is 589887 No. of Additional 2081240 Von Amp Circuits: Telephone: 714 -899 -1377 Facsimile: 714.899 -1379 No. of Additional 120 Volt Amp Circuits: Contractor Principal: Rue Phillips Conduit Y / N Wire ) Materials Quantity Footing Y / N Breaker as WM Chargers ✓e FM Chargers 7) Cost Summary :cave EVSE (EVI MCS 100-3 Unit) Permits .tve EVSE (EVI ICS 200A Unit) 1 Equipment als for Conductive Units - Applicable Taxes Cable/Connector - Bulk Material at Bases for Inductive FM Chargers - - 1s for Inductive WM Chargers - Install Labor i Wheel Stops - - Subcontractor 1 Engineering 8 Design Total work clays - from Mobilization to Final Inspection: 2 0 971.71 Plan check required: Y / N Permits Work snipe - wrmen description is attached: Y / N 448.50 Sketch (plan view - 8.5 "x11 ") of installation is attached: 'Y- / N Applicable Taxes Stated exceptions are attached: Y / N 86.25 Bid is valid for sixty days: ,Y r N - Y / N Y / N Y / N Y / N Y / N Y / N, $ 971.71 $ 306.72 $ 448.50 5 - 5 86.25 S - $ 169.22 Total Bid $ 1,982.39 I5ubjen to are anar3ie0 Pnme C "V and terns therein, exerted by Owner and Edison EV. Edison EV I Edison EV Signature , I hereby offers to Perform the Work desoribed alxo a for the fixed prce indicted Owners signature oo ch pie attaed Prime Contrail m atlowledges Edison EYs Proposal arM accepts Edison EYs offer to perform ti pie work H me above pnrx Date EEV Form 302 (Rev 18. td2"71 Scope of Work • City of Newport Beach Marine Department #98N00267 Rev. 1 General Edison EV's electrical contractor (Selectrical Co.) will install one conductive EV charging unit (an Avcon for a Honda vehicle) on the SSE front of the Marine Department beach HQ. The charger will be powered via a dedicated 40 A. 240 V circuit. 1) Power for the charger will derive from Panel "A" in the adjacent electrical room. 2) A dedicated NM3R, 120 V, 20 A convenience outlet will be installed next to the charger for convenience charging. See sketch for install locations. 3) One EV sign will be installed. 4) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 5) The work area will be cleaned daily. OSHA regulations will be enforced. 6) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 7) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 8) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. 0 a E P O m `o 6 3 2 O U E 0 M1 b N 8 O P G of P EO m P Oy 6 2 U m c� i O H c RI V P N r F, L_ E01Sll EV • - • • - • • • • 98N00268 Rev 1 EEV Salesperson: Jenny Trinidad (213) 452-4623 Scheduled Visit Date: Visit Time: EEV Project Manager. Bruce Colbum Phone: (213) 452-4631 Actual Visit Data: 08- Apr -98 Visit Time: 0830 him EEV Sponsor: Peter Michalski Phone: (213) 452.4628 Date Estimate Returned to EEV: 15- Apr -98 Type of Project i) Project Location and Customer Contact Information Corporate Contact: David Nlederhouse 714 -644 -3055 6) installation Evaluation Noma / rma peons Nu bar Company' City of Newport Beach Utility Providing Power: SCE Name Fxime ilk p Site Contact: Herb Wollernan 714- 718 -3406 Utility Power From Transformer / Pole #: rose canes Title / Function: Fxsmaa Norms Step Dawn Transformer: Y / N Rating In kVA: She Address: Corporation Yard Step Down Voltage' Nuws, srroar sa w Orange CA From. TO en eouey sera r;o Region 1 Site Description: Corp. Yard: Location 2 (5 EVCD's, All Avcon Connectors) Trenching: y / N lin h / v un viv ii iv im a in i un in n m i u v v i z v v i v ii vim m m v v nn v n m v ni m r/ ii i v i v i v vi m vn i n i i n i / i i i ii vn v e i Billing Contact: TED Coring Y / N lin R Pnwa NhvMer Tale / Function: Above Grade Conduit: Y / N 60 lin fl Fx.smb NuMw Billing Address: Poured Foundation: Y / N Meter Pedestal /Main: Y / N Nd,dbv SM1eal ad UM Orange CA Re -Work Existing Panel: Y / tJ Custom Wheel Stops: .Y / N New Panel. Wall Bracket Y / N city bruin, Stan, lip 2) Key Project Information Associated With Car: Y / N OEM Contact: Subsidized: Y / .. Vehicle Type' Honda Inductive Precast Base: y / 'N Signage: Customer P.O Number: Release # Client Insurance Requirement: Y / N Amount: $ Dual Meter Adaptor: Y / N. Timer' Y / N_ Client Engineered Drawing Review. Y / N Who: Property Owner Approval Required: Y / N Conductive Pedestal: Y / N Local Facility Manager (if not Site Contact Above) Will Approve Installation Y / N (if "Yes" Then Person Who Will Be Present at Site Visit) Panel Number. Meter Number: Recent Construction History / Current Construction at Site: Y / N - mooevr:vivir /r vnuiiinnvivniiiii�oiioivovimvovivmnmivaininnuvivvvivnovunovm�uviiii 3) Contractor Information Future Circuits Company Name: Selecuical Co. License #: 689887 No, of Additional 208/240 Volt Amp Circuits'. Telephone' 714 -699 -1377 Facsimile: 714 - 899 -1379 No. of Additional 120 Volt Amp Circuits: Contractor Principal: Rue Phillips Conduit Y / N Footing y / N_, Wins Breaker y / N Y / N. 4) Materials Quantity Inductive WM Chargers - Inductiva FM Chargers - 7) Cost Summary Conductive EVSE (EVI MCS 100.3 Unit) - Conductive EVSE (EVI ICS 200A Unit) 5 Equipment $ 7,540.06 Pedestals for Conduct" Units Avcon Cable/Connector - Bulk Material $ 1,957,44 Pre -Cast Bases for Inductive FM Chargers - Brackets for Inductive WM Chargers - Install Labor $ 4,001.90 Custom Wheel Stops 5 Timers - Subcontractor $ 230.00 Signs 5 Engineering 8 Design $ 316.25 6) Additional Information / Attachments Total work days - from Mobilization to Final Inspection: 5 0 Plan check required: Y' / N Permits $ - Work scope - written description is attached' Y / N Sketch (plan view - 8.5 "x11") of installation is attached: Y / N Applicable Taxes $ 1,112.09 Stated exceptions are attached: Y / N Bid is valid for sixty, days: Y.' ! N Total Bid $ 15,157.74 61 Comments Equipment costs have been reduced by Me amount of Me Honda o harger subsidy Subject to me abac had Pnme Oonb am terms therein, exadaned by Owner an0 Edison EV, Edison EV Edison EV Signature. Mteby offers to perfvm the Work described! above for the axed Finds indicated Ownefs signawid on the _ Meored Prime Contract ad i.Medges Edson EV. Proposal and ii.pts Edison EV s offer to perform the Y.bk al the abow pnoe. Date Vl� !_LA X EEV Form 302 (Rev 18 101 • Scope of Work • City of Newport Beach Corporation Yard, Location 2 Five EVCD's (For Hondas) #98N00268 Rev. 1 General Edison EV's electrical contractor (Selectrical Co.) will install five conductive EV charging units along the wall of Rosies Paint and Body Shop as shown in the attached sketch. Each charger will be powered via a dedicated 40 A, 240 V circuit. 1) Power for the chargers will derive from a newly installed Stainless Steel, 200 A, 120/240 V service enclosure mounted adjacent to the SCE utility pole. SCE will provide a new service lateral for a meter enclosure via an overhead service feed. A 120/240 V, NM3R meter /load center will be conveniently mounted to allow for individual charger disconnect and service. 2) It is understood that permission to mount the equipment on the proposed structure will be granted prior to the actual start of installation. Any rejection of this very important detail will cause the generation of a new proposal with a resulting new price. 3) Raceways containing EV charger circuits will be run surface mounted on the wall of Rosies building structure. 4) Parking stalls will be re- striped with a non -oil based green paint. 5) Five EV signs will be installed, one per charger. 6) Five custom wheelstops will be installed, one per stall. 7) A dedicated NM3R, 120 V, 20 A convenience outlet will be installed in two of the EV parking stalls. See sketch for install locations. 8) Selectrical employees will be uniformed at all times. Edison EV identity badges will be prominently displayed. 9) The work area will be cleaned daily. OSHA regulations will be enforced. 10) Though the costs of City permits are excluded from the scope (non -fee), inspections will occur as required. 11) All work will meet requirements set forth by the National Electric Code, local requirements and Edison EV's installation methods. 12) Selectrical will maintain a minimum of inconvenience and disruption to the daily business of the City of Newport Beach. Work will be workmanlike and timely. a Q _ 6 O ti V x M O v1 I w ° of Wiz„ L) 0 0 INDUSTRIAL WAY �N �O N 2 0 P Q (V I (d a 4 v V L� r z O O V � 4 o N V y M ^^NJJ A N Q O N 0 0 a # o O N N O lV R N a V c 0 a N a a N a UN b a v o _ R a # o R lV n N 9 R a U `p, O a UN 0 a U e P O R U U y 6 � N � O r N K K N N r1 U 0 LIMITED WARRANTY - ELECTRIC VEHICLE SUPPLY EQUIPMENT ELECTRIC VEHICLE INFRASTRUCTURE, INC. 11839 Industrial Court Aubum, California 95603 916 - 823.8077 Electric Vehicle Inftaarncture. Inc. ( "EVII warrants this electric vehicle charging product to be free from defects in material, manufacture and design for a period of three year(s) after date of first installation. If this product is defective in materials. manufacture or design during this warranty period, EVI will, at its option, repair or replace the product. Repair parts and/or replacement products may be either new or reconditioned at EVI s discretion. This limited warranty does not include service to repair damage from improper installation, improper connections with peripherals, external electrical 6ult, accident, disaster, misuse, abuse or modifications to the product not approved in writing by EVI. Any service repair outside the scope of this limited warranty shall be at applicable rates and terms then in effect All other express and implied warranties for this product including the warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to YOM If this product is not as warranted above, your sole and exclusive remedy shall belenair or replacement as o m ded_above. In no event will EVI, any of its authorized sales and service representatives, or its parent company be liable to customer or any third parry for any damages in excess of the purchase price of the product This limitation applies to damages of any kind including any direct or indirect damage; toss profits, lost savings or other special, incidental, exemplary or consequential damages whether for breach of contract, tort or otherwise or whether arising out of the use of or inability to use the product, even if EVI or an authorized EVI representative or dealer has been advised of the possibility of such damages or of any claim by any other party. Some states do not allow the exclusion or limitation of incidental damages for same products, so the above limitation or exclusion may not apply to you This warranty gives you specific legal rights, and you may also have other rights which may vary from state to state. `J 9 E ' 0Ems, p0kr O% T �i 'n J' S CITY OF NEWPORT BEACH COMMUNITY AN ONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Ite*o.: Staff Person: February 9, 1998 11 Scot E. Ferris 644 -3231 f REPORT TO THE MAYOR AND CITY COUNCIL i i SUBJECT: Electric Vehicle Quick Charge Program PURPOSE: Enter into a contract with Edison EV to construct an electric vehicle (EV) charging station located at City Hall, and; Become a signatory to the EV Team Memorandum of Understanding (MOU) REQUIRED ACTION: Authorize the City Manager to execute a contract with Edison EV to construct an electric vehicle (EV) charging station located at City Hall, and; Authorize the City Manager to execute the EV Team Memorandum of Understanding (MOU). Background In March of 1996, the City of Newport Beach, along with eight other Orange County cities, applied for Mobile Source Air Pollution Reduction Review Committee (MSRC) and Measure M funds as part of an EV -Ready Community Program. One component of the EV -Ready Community Program, known as Quick Charge Electric Vehicle Corridor Communities Program (Quick Charge), provides the funds required for the installation of publicly accessible charging stations. On July 8, 1996, the City of Newport Beach adopted Resolution No. 96 -49 (see attached) endorsing the EV -Ready community program, and authorizing the City of Newport Beach to: • Participate in the Orange County EV Quick Charge project, and • File the necessary funding applications for this project. Based upon the City Council's previous direction, staff has proceeded with the activities identified above. Discussion 0 • The Orange County EV Quick Charge Team consists of the following public agencies and private sector participants: Public Sector City of Anaheim City of Brea City of Costa Mesa County of Orange City of Newport Beach City of Santa Ana City of Seal Beach Orange County Sanitation District Private Sector Edison EV Fashion Island Fullerton Price /CostCo Hillman Stadium Business Towers Hoag Hospital MainPlace Santa Ana South Coast Plaza Southern California Edison The Walt Disney Company On July 6, 1997, the City of Anaheim consented to be the lead agency for the Orange County EV Quick Charge program to apply for the subject grant funding. The applications were successful and monies were obtained from the OCTA and MSRC for project implementation. Following is a breakdown of total funding; sources: Project Funding Contributions Source Amounts MSRC $264,937 Measure M $100,000 AB2766 Subvention Funds $35,884 Private Contributions $29,811 TOTAL CONTRIBUTIONS $430,632 On September 23, 1997, the City of Anaheim accepted, as lead agency for the project, the grant funding from OCTA. On November 11, 1997, the City of Anaheim approved the MOU and the Edison EV prime contract for charging station installations within their community. This MOU shall be in effect for a minimum term of one year and a maximum term of eighteen months. The MOU and Edison EV prime contracts have been reviewed for form and content by the City of Newport Beach's City Attome y's office. Project Benefits The Orange County EV Quick Charge is a. one -year demonstration project designed to develop a network of EV public charging sites. This voluntary project is part of a region -wide effort to re- focus air quality strategies away from command - and - control regulatory approaches and toward advanced transportation technologies, such as the electric vehicle. California's Zero Emission Vehicle (ZEV) mandate, amended in 1996, requires that 10 percent of vehicles offered for sale in California beginning in 2003 be zero - emitting. This translates to 0 • EV Quick Charge • Page 2 approximately 150,000 carsourrently, the only vehicles meeting t &EV standard are electric. This project will assist the introduction of EVs into the marketplace and help prepare for the more widespread introduction of EVs in 2003. The overall effort includes installation of publicly accessible EV charging stations at 18 sites throughout Orange County. Citv Installation of Quick Charge Station The City of Newport Beach EV charging station is proposed to be located on the south -east comer of the Print Shop at City Hall, between the gas pumps and the Fire Administration offices, a site easily accessible via 32 "d St. (see map below). This site is to include two inductive and one conductive charger. The City will provide two (2) parking spaces and appurtenant areas for the installation of the EV chargers. The City will also permit the installation of appropriate signage identifying the EV charging station location. Signage placed in the charging area will be included in the cost of the charging station installation and shall be provided by Edison EV. These chargers are designed as a public facility, however this does not preclude the use of these chargers by City vehicles. The cost of the City Hall installation is approximately $17,329. MSRC and OCTA monies will fund the installation of the City's site. No additional funding contributions are necessary for installation. No General Fund monies will be used for installation. Edison EV maintains a $1,000,000 commercial general liability insurance policy, and the City of Newport Beach and Edison EV agree (via the prime contract) to mutual indemnification for negligence. The City is responsible for maintaining the EV chargers in good and operative condition and shall contribute the cost of electricity used at the charging stations during the one -year demonstration period. There is no regularly scheduled maintenance needed for EV chargers. The City of Newport Beach shall inspect the chargers on a monthly basis to confirm that the chargers are operational. A contingency for charging station repairs not covered under the warranty is available (from the MSRC) for project team members during the demonstration period. It is anticipated that the annual cost per charging station will range from $100 to $300, assuming that 100 cars use the chargers to "top -off' for 1 to 2 hours. A full - charge is estimated to cost $1.50 -$2.00 and take up to 6 -8 hours based on a full - depleted battery. However, it is anticipated that most public usage of the charging stations will be to top -off a partially depleted battery. Actual costs will depend on actual usage, whether charging occurs on- or off -peak and the rate plan provided by the utility. Automatic payment systems, via credit card and/or debit card, are being developed and should be available within the next 12 months. It is anticipated that at the end of the demonstration period the automatic payment systems will be in place. At that time, the public will purchase the electricity directly through the utility companies via a credit card and/or debit card mounted on or near the charger. At the end of the demonstration period, the City of Newport Beach will be responsible for maintaining the EV chargers in good and EV Quick Charge Page 3 12 operative condition, and •charging station repairs not covered *r the warranty. The City of Newport Beach may also choose to remove the chargers at that time. Project Location Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: Scot E. Ferris Associate Planner Attachments: 1. Resolution No. 96 -49 2. Letter of Support from City Manager to OCTA dated March 28, 1996 3. Edison EV Prime Contract 4. Electric Vehicle Infrastructure Project MOU 5. Map showing Orange County EV Charging Sites 0 EV Quick Charge • Page 4 r] 0 RESOLUTION NO. 96- 49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ENDORSING AND INITIATING THE CITY'S EV -READY COMMUNITY PROGRAM WHEREAS, the overall goal of an EV -READY COMMUNITY is to facilitate the installation of the infrastructure that will enable City residents and visitors to utilize electric vehicles; and WHEREAS, the City of Newport Beach has the opportunity to take a leadership role in the development of advanced transportation and clean air technologies; and WHEREAS, the Mobile Source Air Pollution Reduction Review Committee (MSRC) of the South Coast Air District intends to allocate funds to EV -READY Communities for electric vehicle charging infrastructure through the Quick Change Program; and WHEREAS, the City of Newport Beach desires to facilitate an electric vehicle charging infrastructure project; and WHEREAS, the City of Newport Beach is one of nine cities already recommended for funding from OCTA's Measure M Combined Transportation Funding Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach endorses and initiatesthe City's EV- READY COMMUNITY PROGRAM. BE IT FURTHER RESOLVED that staff is authorized to pursue a grant awarded under the Quick Charge Program. ADOPTEDTHIS dayof 1996. MAYOR ATCEST: -�7°/ %nom .� . X11, 4✓�,� -Q 0�,�, - - - -- CITY CLERK F:\ W PS I \ PLANN tNG\DARLEEN\CRAIG \RES•EVRA..DOC I o � � n U March 28, 1996 CITY OF NEWPORT BEACH Orange County Transportation Authority 550 South Main :Street Orange, California 92668 Subject: Letter of Support for Measure M Transportation demand Management Proposal Dear Committee Members: The City of Newport Beach is pleased to pledge its support for the Electric Vehicle Infrastructure project set forth in the accompanying Measure M proposal. Working in conjunction with other Orange County cities, l believe that this proposal demonstrates the spirit of cooperation needed to implement creative programs. We are encouraged by both the content and direction of the proposed project, and are hopeful that it will lead to improved transportation, air quality and enhanced quality of life within the region. Our support for the project will also include in -kind staff time to implement the program and incidental expenses associated with the installation of charging equipment at City facilities as deemed acceptable by the City Council. The City also plans to undertake appropriate steps to become EV -ready which include those required for the EV Corridor Communities Program. Sincerely, i Kevin J. M y City Manager cb:gav f.\dncOvarinldaWdepwn r\mewurem.doe City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659 -1768 11 0 • PRIME CONTRACT • THIS PPXKE CONTRACT dated as of August 75,1997 (Agreement) is entered into by and between EDISON EV and City of Newport Beach with respect to the electrical circuit, including the conductors, attachment plugs and all other fittiogs, devices, power outlets and/or apparatus for the electric vehicle charger(s) (if applicable), and related improvements (Project) to be constructed at Central Library Parking Lot -1000 Avocado Avenue Newport Beach, CA 92600. Inconsideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged,EDISON EV and OWNER agree as follows: 1 _ The Project. EDISON EV agrees to install, provide and construct the project in accordance with the information set forth on the attached proposal (Specifications) and all federal, state and local laws, ordinances, codes and regulations and orders of public authorities. OWNER aclmowledges that EDISON EV intends to engage another or others (Subcontractor(s))to complete the. Project EDISON EV and Us Subcontractor(s) will provide all construction, labor, materials, equipment, tools, vehicles, transportation. utilities aml other itemsand services required for the proper execution and completion - of -the. Project; „wbatber temporary or permanent and whether or not incorporated as part of the Project (Work). EDISON EV and its Subcormactor(s) shall construct and complete the Project and the Work in a good, workmanlike and substantial manner and in accordance with industry standards. EDISON EV shall supervise and direct the Work using EDISON EV S best skill and attention, and EDISON EV shall be responsible for and have control over construction means, methods, techniques, sequences and procedures involved in the Work, and for coordinating all portions of the Work. EDISON EV shall enforce strict discipline and good order among its employees, Subcontractors) and agents, including appropriate dress and courteous behavior towards owners, lessees, operators and the general public on or about the Project site(s). EDISON EV shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. EDISON £V and its Subcontractor(s) shall take reasonable precautions for safety of, and shall provide reasonablepmtectionto prevent injury or loss to, employees and other persons who may be at or abort the Project site(s), the Project and the materials and equipment to be incorporatedtherein. 2. Completion Date. The Project shall be deemed completed on the earlier of (i) the date it is constructed and installed in accordance with the Specifications industry standards and this Agreement and when the electric vehicle charger(s) installed thereon is(are) fully operational, and (h) the date upon which OWNER executes a Notice of Acceptance agreeing that the Work has been completed and accepted by OWNER (Completion Date). EDISON EV agrees that the Completion Date shall be within 60 days ofthe date listed above. 3. Cost. The total cost for the Work (per the Specifications) shall be Thirty Two Thousand Eight Hundred Six Dollars and Seventy Nine Cents (532,806.79) per the attached fixed price bid. Owner hereby agrees W authorize Owner's Designated Agent, by means of a Notice of Acceptance, to pay EDISON EV Thirty Two Thousand Eight Hundred Six Dollars and Seventy Nine Cents ($32,806.79) as parrial(or full if appropriate) payment of the 1 Project cost. OWNER will pay EDISON EV the balance due of Zero ($0.00) for the Work. Such payments, mcludmg payment for extra work commissioned pursuant to any Change Order(s), shall be due thirty (30) days after the Completion Dale, unless alternative arrangements are made pursuant to a written agreement signed by both OWNER and EDISONEV. Execution ofthiscoutractiscondidonedom a. completion of a contract between Owner's Designated Agent and the South Coast Air Quality Management - District. -: b. completignofa Memorandum ofUnderstandmgbaMen 7. Owner and Owner's DesignatedAgeat a. Extra Work and Additional Sines The fixed price set forth above is fun compensation to EDISON EV for the Work in accordance with the Specifications. Additional compensation shall only be paid to EDISON EV pursuant to a written Change Order or contractual agreement signed by OWNER and EDISON EV, which Change Order shall recite that the describedwork is a deviation from the original scope of Work is extra and in addition to the Work described by tho Spccifieations,and shall desigrratethe additional amount to be paid to EDISON EV for such extra work. EDISON EV shall provide OWNER with prompt written notice If it contends that any services, labor or materials required by OWNER to be furnished by EDISON EV should be paid for as extra work. If such notice is not given, such services, labor and/or materials shall be deemed to be within the scope of the Specifications and no additional compensation shall be paid or payable to EDISON EV. Extra work shall be performed in accordance with the Change Order and this Agnxmeut. In the event that OWNER desires to provide for the iostallatjon of additional electric vehicle charger(s) at the Site, or to 'dosignate additional sites for such insraliations,any snob additions to die scope of the Project and the compensation to be paid to EDISON EV shall be reflected in it Change Order (if before the Completion bate) and/or a separate contractual atraagementexecutedby EDISONEV and OWNER. b. Concealed Conditions. This Prime Contract is based solely on the observations EDISON EV was able to make regarding the Project site as of this data If additional concealed conditions ate discovered once the Work has commenced, which were nor visible at the time of EDISON EV-s bid, EDISON EV and/or its Subcontractor(s)will stop Work and notify OWNER of such concealed conditions to OWNER so that OWNER and EDISON EV can execute an appropriate Chance Order. 4. Permits. OWNER shall cooperate in connection with obtaining the governmental approvals and permits necessary for the installation of the Pct, including the prompt execution of such documents as may be deemed necessary by governmental authorities 5_ Insurance. a Commercial General Liability Insurance. EDISON EV shall maintain occurrence version commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. b. Business Automobile Liability Insurance. EDISON EV shall maintain business automobile liability insurance with a combined single limit of not tess than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned vehicle—, c. Workers Compensation Insurance. EDISON EV shall maintain workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,002per occurrence. ' C - Other Requirements. EDISi3N 19V shall place and maintain the. insurance required herein only with insr ers licensed to do business in California and having an A.M. Best rating of no less than ANNUL Such insurance shall not be canceled, reduced or allowed to expire without the prior written approval of OWNER. 6. Matching Existing Finishes. Where the Work involves the matching of existing finishes or materials, EDISON EV and its Subcontractor(s)shall use best efforts to provide such a match_ However, OWNER ac: nowledges that an exact match is not guaranteed by EDISON EV or its Subcontractor(s) due to such factors as discoloration due to aging, difference in dye lots, and the difficulty of exactly matching certain finishes, materials, colors and planes. 7. Indemnification. EDISON EV agrees to indemnify, defend and hold harmless OWNER from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (Including allomeye fees and costs), arising from EDISON EV's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non - performance by EDISON EV of any of its obligationsherdmder. OWNER agrees to indemnify, defend and hold harmless EDISON EV from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attomeys' fees and costs), arising from OWNHVs negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non- performance by OWNER of any of its obligations hereunder. 8. Work Stoppage, Termination of Agreement for Default and Interest. EDISON EV shall have the right to stop all Work on the Pwject if payments are not made to EDISON EV In accordance with the terms of this Agreement, or such other written payment agreement as, may be executed by EDISON EV and OWNER, or if OWNER repeatedly fails or refuses to furnish EDISON EV or its Subcomractor(s)with access to the 2 Site or infor)OU necessary for the advancement of the Work Simultaneous with any work stoppage, EDISON EV shall give OWNER written notice of the nature of OWNER'S default and shall give OWNER a fourteen (14) day period in whiclt to cure the default specified. 9. Warranty. No warranty is provided by EDISON A on any materials famished by OWNER for installation. No warranty is provided on any existing materials dud are moved and/or reinstalled by EDISON EV or its Subconuactor(s) at the Site (including any warranty that exisdng/used materials will not be damaged during the removal and reios+aIlation process). 10. Miscellaneons. This Agreement (a) shall be oonsamad and enforced in accordance with California law, (b) contains the final agreement between the parties reladng to the subject matter hereof and (c) may only be amended, extended or modified in a writing executed by EDISON EV and OWNER. No delay on the part of any party hereto in exercising any, right, power or privilege hereunder shall operate as a waiver thereof, nor shall any such. waiver operate as a waiver of any .I other right, phi ie or privilegelicreunder, nor shall any singe or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof of any other right, power or privilege hereunder. If any party commences an action against the other party arising out of or in connection with this Agreement, whether or not pursued to judgment, the prevailing party in such action shall be entitled to have and recover from the other parry actual attorneys' fees and costs. The headings used in this Agreement are for purposes of reference only and shall not be used for limiting or imcipretingthe meaning of any part of this Agreement. 1 / / / / IN WITNESS WIEREOF, the parWereto have executed this Prime Contract as of the due and year herein above i written. EDISON E'ir State Contractor's License 9: 722391 .By. PrintedName: FnidP.Joffe T$IC. Manager, Charging Infiastruct= ` owner: City ofNeivwrtBeaeh T-" I-, -Ce' tfalLibraryParkingLot By: PrintedName: Title: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P_O_ Box 26000, Sacrameato,CA 95826. Quick Charge - 96N00124 1• 3 L ORANGE COUNTY EV INFRASTRUCTURE PROGRAM MEMORANDUM OF UNDERSTANDING ORANGE COUNTY ELECTRIC VEHICLE INFRASTRUCTURE PROJECT I. PURPOSE AND FINDINGS WHEREAS, the following entities (hereinafter referred to as "team members" or "property owners ") have received funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) under the "Quick Charge Electric'✓ehicle (EV) Corridor Communities" program, and from the Orange County Transportation Authority (OCTA) under the Combined Transportation Funding Program (CTF); and Public Sector Private Sector City of Anaheim Edison EV City of Brea Fashion Island Shopping Center City of Costa Mesa Fullerton Price /CostCo City of Newport Beach Hillman Stadium Business Towers City of Santa Ana Hoag Hospital City of Seal Beach MainPlace Santa Ana County of Orange South Coast Plaza County Sanitation Districts Southern California Edison 'The Walt Disney Company WHEREAS, these funds shall be used to implement a project to develop a network of EV public charging sites and perform associated tasks (hereinafter referred to as "the project "); and WHEREAS, implementing the project and receiving the funds awarded shall require compliance with the requirements identified in this Memorandum of Understanding (MOU); and WHEREAS, this MOU shall be in effect for a minimum term of one year and a maximum term of eighteen months from the date that a contract is executed between the City of Anaheim (hereinafter referred to as the Lead Agency) and the MSRC, and the Lead Agency signs this MOU; and WHEREAS, it is the intent of the team members to allow charging sites to be developed as they are ready, following individual team member execution of this MOU, without requiring the signature of all other team members; and WHEREAS, this MOU shall be based on the good faith efforts of each team member to comply with all pertinent requirements; and WHEREAS, project requirements not addressed in this MOU shall be addressed in the appropriate contractual agreements between project team members; and WHEREAS, execution of this agreement shall be required before contractual agreements shall be enforceable with Edison EV, the designated contractor for the project, and before payment for work performed shall be authorized; and WHEREAS, the EV charger(s) along with any additional electrical facilities shall be referred to herein as "charging stations," and the location of the charging station and reasonable access thereto shall be referred to herein as the "charging area;" and January 28, 1998 Page 1 0 0 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM WHEREAS, the charging stations shall be in operation for a minimum of one year, referred to herein as the "demonstration period," which shall occur during the period that the eighteen -month contract between the City of Anaheim and the MSRC is in effect; and NOW THEREFORE, the team members agree that the project shall be implemented in accordance with the requirements outlined below. II. PROJECT REQUIREMENTS A. Local Government Minimum Participation Requirements Local government team members shall comply with the requirements for receipt of AB 2766 Discretionary Funds as set forth in Request for Proposals (RFP) No. 9596 -48 - "Quick Charge" Electric Vehicle Corridor Communities Program, including the Minimum Participation Requirements, as identified in the July 10, 1996 proposal submitted to the MSRC and in local government resolutions. 2. In addition to the Minimum Participation Requirements, local government team members shall comply with the additional commitment identified in the July 10, 1996 proposal to prioritize permit processing for EV public charging infrastructure applications. B. Local Government Coordination Local government team members shall facilitate project completion by fulfilling the following requirements: 1. Act as liaison with private sector property owners participating in the project, to facilitate communication and expedite charging station installation. 2. Participate in team meetings and discussions, as needed, to facilitate project completion. Make good faith effort, through a team review process, to equitably address unanticipated budget overages and shortfalls related to the construction process, not including routine maintenance, repair and /or replacement of the chargers covered under warranty, or repair /replacement funded through the "Contingency for Charging Station Repairs" described below in Section II.C.6. If necessary, the Lead Agency, based on consultation with the team members, may request a scope change from the MSRC to address unforeseen circumstances. C. Design, Operation and Maintenance of EV Charging Stations (Applies to Property Owners and Lead Agency) 1. Property owners shall use their best efforts to ensure that the parking spaces in which the EV chargers are installed shall be used only for EV charging during the demonstration period. 2. Property owners shall permit the installation of appropriate signage identifying the EV charging station locations. Signage placed in the charging area shall be included in the cost of charging station installation and shall be provided by Edison EV. The cost of additional directional signage shall be provided by the MSRC and shall be independently installed per future arrangements by the MSRC. 3. Property owners shall provide, at each site, a minimum of two (2) parking spaces and appurtenant areas necessary for the installation of electric vehicle charger(s). January 28, 1998 Page 2 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM 4. Property owners shall contribute the cost of electricity used at the charging stations during the demonstration period. 5. Property owners shall maintain the EV chargers in good and operative condition throughout the demonstration period. Property owners shall inspect the chargers on a monthly basis to confirm that chargers are operational, and shall report any apparent malfunctions to the Lead Agency and Edison EV. Where routine maintenance can be performed with minimal cost and effort, the property owner shall provide such maintenance (e.g. graffiti removal). Should repairs and /or replacement be needed that are covered under warranty, property owner shall arrange for such repair and /or replacement. Repairs and /or replacement not covered under warranty shall be reviewed by the Lead Agency for coverage under the Contingency for Charging Station Repairs described below. 6. A Contingency for Charging Station Repairs shall be available to project team members, pursuant to the contract between the Lead Agency and the MSRC. This fund shall be used for charger repair and /or replacement that is not covered under warranty. Property owners wishing to utilize the Contingency for Charging (Station Repairs shall submit a request to the Lead Agency who shall be responsible for requesting authorization for use of the funds from the MSRC. 7. As specified in the contract between the Lead Agency and the MSRC, property owners shall provide each charging site with such electrical facilities as would permit installation of additional EV chargers in the future. D. Reporting & Monitoring (Applies to Property Owners and Lead Agency) 10 1. The Lead Agency shall submit invoices to the MSRC for payment of work performed. Prior to invoice submittal, team members shall submit to the Lead Agency a Notice of Acceptance, utilizing a standardized form, indicating they are satisfied with work performed by the contractor and are authorizing payment for such work. The Lead Agency shall be responsible for forwarding payment from the MSRC to Edison EV. 2. The Lead Agency shall submit Monthly Status Reports to the MSRC. Team members shall be responsible for submitting standardized reporting forms to the Lead Agency on a monthly basis, or as needed, indicating problems, issues or accomplishments that may have occurred during the previous month, for incorporation into the Status Reports. 3. The Lead Agency shall complete Quarterly Reports and a Final Report in accordance with MSRC requirements. The reports shall be circulated in draft form to team members for review and comment prior to the Lead Agency :submitting the reports to the MSRC. 4. The Lead Agency shall oversee a Monitoring Program, to be developed in accordance with the July 10, 1996 proposal to the MSRC. E. Work Program Commitments (Applies to Local Government Team Members) 1. Team members shall implement a Public: Education and Awareness Program as described in the July 10, 1996 proposal to the MSRC and the April 19, 1996 proposal to OCTA. Team members shall be responsible for reviewing marketing materials prepared by the Lead Agency, . and facilitating distribution of appropriate materials. January 28, 1998 • r1 Li 0 0 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM 2. Local government team members that committed to the purchase of EVs as part of their co- funding commitment (i.e., City of Seal Beach), shall conduct vehicle performance data collection, as indicated in the July 10, 1996 proposal to the MSRC. [need to confirm with MSRC that this is still required) F. Co- Funding (Applies to all Team Members /Property Owners) 1. Team members shall provide financial contributions to the project (cash and in -kind) in accordance with the commitments identified in the July 10, 1996 proposal to the MSRC and the April 19, 1996 proposal to OCTA, as modified by the funding agencies through subsequent proposal review and contract negotiation (see attached Cost Summary). 2. Team members shall purchase and /or lease electric vehicles, in accordance with the commitments identified in the July 10, 1996 proposal to the MSRC. The following commitments apply: City of Seal Beach -- 2 vehicles Southern California Edison -- 16 vehicles January 28, 1998 Page 4 CITY OF NEWPORT BEACH By: Name Date: CITY OF SANTA ANA By: Date: Name CITY OF SEAL BEACH By: Date: Name COUNTY OF ORANGE By: Date: Name January 28, Page C11 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM SIGNATURES OF RESPONSIBLE PARTIES . Public Sector Team Members CITY OF ANAHEIM By: Date: Name CITY OF BREA By: Date: Name CITY OF COSTA MESA By: Date: Name CITY OF FULLERTON By: Date: _ Name CITY OF NEWPORT BEACH By: Name Date: CITY OF SANTA ANA By: Date: Name CITY OF SEAL BEACH By: Date: Name COUNTY OF ORANGE By: Date: Name January 28, Page C11 luj K J F- L-1 ORANGE COUNTY EV INFRASTRUCTURE PROGRAM COUNTY SANITATION DISTRICTS OF ORANGE COUNTY By: Date: Name Private Sector Team Members EDISON EV By: Date: Name FASHION ISLAND SHOPPING CENTER By: Date: Name FULLERTON AMC THEATERS By: Date: Name HILLMAN STADIUM BUSINESS TOWERS By: Date: Name HOAG HOSPITAL By: Date: Name MAINPLACE SANTA ANA By: Date: Name SOUTH COAST PLAZA By: Date: Name January 28, 1998 Page 6 \l • • ORANGE COUNTY EV INFRASTRUCTURE PROGRAM SOUTHERN CALIFORNIA EDISON M Name THE WALT DISNEY COMPANY M Name Date: Date: P',COA 0 \MOMMOU.OFT a r 1 U 0 January 28, 1998 Page 7 `�( � k � r ORANGE COUNTY w EV CHARGING SITES 11 Anaheim Mehollnk © Anaheim Civic Center © Team Disney Building 1] Brea Parking Structure © Brea Civic Center 0 South Coast Plaza 0 County EMA Parking 0 County GSA Garage 11 Sanitation District Price /Costco M Newport Beach City Hall JE Hoag Hospital Faslon Island MainPlace Santa Ana Transportation Center m Beach Parking Lot (Sea) Beach) Seal Beach City Yard = Team Member \1